CT · jury_instructions
Conn. Civ. Jury Instr. 4.5-14
Mitigation of Damages
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.
Provenance
- Source
- jud.ct.gov
- Retrieved
- 2026-08-23
- Edition
- 2026-08-23
- Content hash
000fbbfbe49817d4e4109a8c794f1f7c62a3ee4b3ec39c137f91190b7ea2a6b9
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