HI · jury_instructions
Haw. Civil Jury Instr. 15.11
CONTRACT – MITIGATION OF DAMAGES
The law requires any plaintiff claiming damages resulting
from a breach of contract to use reasonable efforts under the
circumstances to avoid or minimize those damages.
If defendant(s) prove(s) that plaintiff(s) unreasonably
failed to avoid or minimize his/her/its/their damages, you must
not award the portion of those damages resulting from such
failure.
Plaintiff(s) may not sit idly by when presented with a
reasonable opportunity to avoid or minimize his/her/its/their
damages. However, plaintiff(s) is/are not required to exercise
unreasonable efforts or incur unreasonable expenses in avoiding
or minimizing his/her/its/their damages. Defendant(s) has/have
the burden of proving the damages which plaintiff(s) could have
avoided or minimized.
You must consider all of the evidence in light of the
particular circumstances of the case in deciding whether
defendant(s) has/have satisfied his/her/its/their burden of
proving that plaintiff(s) unreasonably failed to avoid or
minimize his/her/its/their damages. You are the sole judge of
whether plaintiff(s) acted reasonably in avoiding or minimizing
his/her/its/their damages.
Provenance
- Source
- courts.state.hi.us
- Retrieved
- 2026-08-20
- Edition
- 2026-08-20
- Content hash
0f411f3d992ba0e49cbb3e0c6fc8449f2a4837f1438485ccdde4d64080329df8
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