Legal Definitions - damages, mitigation of

Definition:Mitigation of damages refers to the principle that requires a plaintiff to take reasonable steps to minimize the effects of an injury or breach of contract. If the plaintiff fails to do so, the defendant may argue that the plaintiff's recovery should be reduced.

Example: Let's say that a tenant breaks their lease agreement and moves out before the end of the lease term. The landlord has a duty to mitigate their damages by making reasonable efforts to find a new tenant to occupy the rental property. If the landlord fails to do so and the property remains vacant, the tenant may argue that their liability for damages should be reduced because the landlord did not mitigate their damages.

Explanation: In this example, the landlord has a duty to mitigate their damages by finding a new tenant to occupy the rental property. If the landlord fails to do so, the tenant may argue that their liability for damages should be reduced because the landlord did not take reasonable steps to minimize the effects of the tenant's breach of contract.