M Civ JI 142.35 Mitigation

In fixing the amount of damages, you should not include any loss that [ name of party ] could have prevented by exercising reasonable care and diligence when [ he / she / it ] learned or should have learned of the breach. The burden is on [ name of party being sued on contract ] to prove that [ name of party ] failed to minimize [ his / her / its ] damages and that the damages should be reduced by a particular amount as a result.

Comment

Ambassador Steel Co v Ewald Steel Co, 33 Mich App 495 (1971).

History

M Civ JI 142.35 was added March 2005.