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1.What is mitigation of damages? Why does the law impose a duty on the nonbreaching party...

1.What is mitigation of damages? Why does the law impose a duty on the nonbreaching party to mitigate damages?

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Mitigation of damages means to take reasonable action to keep the amount of damage as minimal as possible. The idea is for the nonbreaching party to not take advantage of the offending party. For example, let's say Person A and Person B were together on an apartment lease and Person A leaves and quits paying on the lease. While Person B could possibly recover from Person A for breaking the lease, Person B needs to mitigate damages. This could be done by attempting to search for a replacement roommate or paying a fee to end the lease early to prevent more lease payments. Otherwise, Person B would have no reason to do anything and continue to let the bill to rack up for Person A.

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