CHAPTER 9 - 9-3 FAILURE TO MITIGATE DAMAGES
| Jurisdiction | United States |
9-3 Failure to Mitigate Damages
A plaintiff's failure to mitigate damages is a valid defense to a malpractice action sounding in both negligence and breach of contract.7 The plaintiff has a duty to exercise reasonable care to minimize the damages resulting from any malpractice. The duty to mitigate damages, however, "does not require a party to sacrifice a substantial right of his own in order to minimize a loss."8 If the fact finder determines that the defendant has proven that the plaintiff has breached his duty to minimize his...
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