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The Complete Idiot's Guide® To Lawsuits by Victoria E. Green

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Your Duty to Minimize Your Damages

The defendant is responsible for repairing or making good the injury that he caused, but only the injury that he caused. You, as the injured person, have a duty to make sure you don’t make the injury worse. This is called a duty to “mitigate damages.” There is an old saying in law, “One who seeks equity must do equity.” That means if you want the court to act fairly to you, you have to act fairly to the other side. Mitigation of damages is part of that process.
A perfect example is seen in landlord-tenant lease cases. Suppose there is a one-year lease for an apartment. If the tenant moves out with six months to go on the lease, the landlord has to try to re-rent the premises for a reasonable rate. This doesn’t ...

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