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Even where case law speaks of a "duty to mitigate", the duty has been cited as "not a demanding one". [4] The issue of what is reasonable is especially contentious in personal injury cases where the plaintiff refuses medical advice. This can be seen in cases such as Janiak v. Ippolito. [5] The antonym of mitigation is aggravation.
Self-defense is a legal defense rather than a mitigating factor, as an act done in justified self-defense is not deemed to be a crime. If the offender was provoked but cannot be considered to have acted in self-defense, then the provocation can be used as a mitigating factor but not as a legal defense.
Mitigation is the reduction of something harmful that has occurred or the reduction of its harmful effects. It may refer to measures taken to reduce the harmful effects of hazards that remain in potentia , or to manage harmful incidents that have already occurred.
To mitigate some of the potential unfairness of the rule, the courts have been inclined to take a relatively liberal view of whether damage is of a foreseeable type. In Lamb v. London Borough of Camden [4] a water main maintained by the Council broke, which caused extensive damage to the claimant's house. Because of the damage, the claimant ...
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
In Klein’s case, a Postal Service spokeswoman said, the problem is the road. Hillman Ridge is paved but narrows to a width slightly larger than a pickup truck as it approaches Klein’s property.
Other than pecuniary damages, which is the most common type of damages recovered, there are a few other recognizable types of damages under English law, and still others that have their validity subject to ongoing debate: Injured feelings and disappointment; Injured reputation; Speculative damages; Liquidated damages and penalty; Quantum meruit [4]
“Back in 2018 and 2019 when we last dealt with this issue, we were able to mitigate the majority of the potential impact by negotiating lower costs with our suppliers, changing product specs or ...