Chapter 15-3 Failure to Mitigate

• Jurisdiction: United States

15-3 Failure to Mitigate

The plaintiff has a duty to mitigate, or minimize, its damages.¹⁶ The plaintiff is required to use reasonable care in minimizing its damages and if the plaintiff fails to do so, it cannot recover the damages that could have been avoided.¹⁷ The duty to mitigate damages arises in contract and tort actions and the purpose of this duty is to "discourage people from wasting their resources, both physical and economic."¹⁸

Failure to Mitigate is typically considered an affirmative defense; however, the Texas Supreme Court...