Mitigation: P has a duty to mitigate. That is, P cannot recover for any harm which, by

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Mitigation: P has a “duty to mitigate.” That is, P cannot recover for any harm which, by the exercise of reasonable care, he could have avoided (e.g., any harm caused by P’s failure to seek prompt medical assistance). Some courts also deny P recovery where he fails to take advance safety precautions that worsen his injuries (e.g., he doesn’t wear a seat belt).

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Emanuel Law Outlines For Torts

ISBN: 201887

13th Edition

Authors: Steven L. Emanuel

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