Law Dictionary

mitigation of damages

legal Definition of mitigation of damages

1 :a doctrine in tort and contract law: a person injured by another is required to mitigate his or her losses resulting from the injury
  • whether the patient shares any fault and whether the patient has satisfied the requirements of mitigation of damages
  • D'Aries v. Schell, 644 A.2d 134 (1994)
; also :an affirmative defense based on this doctrine called also avoidable consequences
2 :a reduction in the amount of damages awarded a party

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