Questions tagged [damage-mitigation]
Mitigation in law is the principle that a party who has suffered loss (from a tort or breach of contract) has to take reasonable action to minimize the amount of the loss suffered.
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Do reward-seekers have a duty to minimize loss or harm to a third party?
Alice repeatedly commits some tortious act against Bob (say, defamation, or copyright infringement, or breach of contract). Under the principle of mitigation, Bob must take reasonable action to ...
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Consequences for vendor not fulfilling signed contract on a property?
There's an issue on a property whereby the purchasers signed a contract with the vendors to buy a house. The contract stipulated that all charges be discharged from the property but this wasn't done ...
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Reletting from the point of view of the new tenant (AL)
How does reletting (lease assignment) usually look like for the person who is taking over a residential lease? Should there be a reletting addendum? Should the contract include the lease agreement of ...
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Damages when third party contractual obligations prevent mitigation
In the SCO v Linux fisco SCO argued:
sure, ordinarily we'd mitigate damages by telling the Linux kernel programmers what the infringing code was so the infringing code could be removed, but ...
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Is there duty to mitigate damages by killing and replacing injured animal instead of curing it?
Say somebody ill-treated my animal which I kept as a pet. It got severely injured. To survive, it had to stay at the veterinary for 2 weeks. The bill was 20x times higher than the market price of the ...
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Can a good lawyer mitigate a failure to prevent data breaches?
I was curious how important it is for a software startup to seek legal council during the fundraising/growth stages. Basically, I don't want to be up a creek if we have some data breach or hack. How ...
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To what extent can mental illness create a defence or mitigation against liability in a civil case?
I'm thinking here of both UK and US law, which I assume will differ.
Suppose a defendant in a civil case (type of case unspecified) would ordinarily have no defence against the plaintiff/claimant's ...
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Can I be prohibited from fixing bugs in a licensed software?
I have purchased a software product, which the company claims is licensed to me, and it contains an EULA that says that I am not allowed to reverse engineer or modify the software at all, and a ...
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How can I compel my neighbor to address damage they are causing my property?
My neighbor has an energy efficient low e window. They have had it for about 10 years, but over time it has slowly been causing damage (melting) our vinyl siding. This article (Glare from energy-...
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Do landlords in Texas really have a duty to mitigate?
Texas State Legislature has the following Statute on the books:
http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.91.htm
Sec. 91.006. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A landlord has a duty ...
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Is it legal for landlord to prohibit subleasing, under Texas law?
It's quite common that plans change, and a residential lease must be broken.
Of course, since one has agreed to pay the full price of the lease, they're on the hook for it, unless they can find ...
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Are residential lease durations in Bay Area meaningless?
The vacancy rates in Bay Area are the lowest in the nation, and the rent much so often gets increased much faster than the inflation.
However, a lot of corporate complexes employ monthly pricing that'...
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What's the penalty for breaking a residential lease in NorCal?
What's the penalty for breaking a residential lease?
For example, in the Bay Area in Northern California.
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