DUTY TO MITIGATE

duty to mitigate (mit-i-gayt). A nonbreaching party’s or tort victim’s duty to make reasonable

efforts to limit losses resulting from the other party’s breach or tort. • Not doing so precludes the

party from collecting damages that might have been avoided. See MITIGATION-OF-DAMAGES

DOCTRINE. [Cases: Sales    384(1), 418(7). C.J.S. Sales §§ 363, 365–366, 391–393, 403.] [Blacks Law 8th]