IL · jury_instructions
Ill. Pattern Jury Instr. (Civil) 185.11
Magnuson-Moss Act--Affirmative Defense--Mitigation of Damages
In fixing the amount of money which will reasonably and fairly compensate the Plaintiff,
you must consider that a person who has been damaged by a brea ch of warranty must exercise
ordinary ca re to minimize existing damages and to prevent further damage. Damages caused by
a failure to exercise such care cannot be recovered. The Defendant has the burden of proof to
show the Plaintiff failed to minimize existing damage and prevent further damage.
Instruction and Notes approved January 2007.
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-19
- Content hash
a427bf04bf4bf89acce03d737a93ba3c188d96a9245cd94587bd38a1a2778c91
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