UT · jury_instructions
MUJI 2d CV2243
Mitigation of damages.
[Name of contractor] had a duty to mitigate, that is, to minimize or avoid, the damages caused by [the breach of contract]. [Name of contractor] may not recover damages that [he] could have avoided without humiliation or unreasonable risk or burden. Likewise, [name of contractor] may not recover the damages for losses that were caused by or made worse by [his] own action or inaction.
[Name of contractor] has a right to recover damages if [he] has made a reasonable but unsuccessful effort to avoid loss.
[Name of contractor] had no obligation to mitigate [his] damages by taking action which [name of owner] refused to take. If [name of owner] had the primary responsibility to perform [list the act] and had the same opportunity to perform [the act] and the same knowledge of the consequences as [name of contractor], [name of owner] cannot succeed in a claim that [name of contractor] failed to perform [the act].
Provenance
- Source
- legacy.utcourts.gov
- Retrieved
- 2026-08-22
- Edition
- 2026-08-21
- Content hash
acb9a865cf79d64ceb09b21efd3ae852628e601d541b309c19caae46afa8ecf3
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