DE · jury_instructions
Del. P.J.I. Civ. § 22.26
Duty to Mitigate Damages – Contract
DUTY TO MITIGATE DAMAGES – CONTRACT
Generally, the measure of damages for one who is harmed by a breach of
contract is tempered by a rule requiring that the injured party make a reasonable
effort, whether successful or not, to minimize the losses suffered. To mitigate a loss
means to take steps to reduce the loss. If an injured party fails to make a reasonable
effort to mitigate its losses, its damage award must be reduced by the amount a
reasonable effort would have produced under the same circumstances. This
reduction, however, must be measured with reasonable probability.
Provenance
- Source
- courts.delaware.gov
- Retrieved
- 2026-09-23
- Edition
- civ-2025-10-22
- Content hash
8da8caf6241692616493c7aec2fa41af16a394f3fcd455b7902063fc4525269f
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