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4.5-14  Mitigation of Damages

Revised to January 1, 2008

The defendant has asserted a defense that any damages awarded should be reduced [or eliminated] for the plaintiff's failure to mitigate those damages.  The defendant claims that the plaintiff could have <insert claim>.  The plaintiff had a duty to exercise reasonable care to minimize the damages resulting from any breach by the defendant.  The plaintiff's duty to exercise reasonable care to minimize damages does not require the plaintiff to waive (his/her/its) rights under the contract.  It is the defendant's burden to prove by a preponderance of the evidence that the plaintiff failed to exercise reasonable care to minimize (his/her/its) damages.  If you find that the defendant has met this burden, you must reduce any award of damages to the plaintiff by the amount that the defendant establishes that the plaintiff reasonably could have avoided.


Cweklinsky v. Mobile Chemical Co., 267 Conn. 210, 223 (2004); Newington v. General Sanitation Service Co., 196 Conn. 81, 85-86 (1985); Camp v. Cohn, 151 Conn. 623, 627 (1964); 3 Restatement (Second), Contracts 350 (1979).


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