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Mitigation of Damages.FACTS:Ms.Vuylsteke, a single mother with three children, lived in Portland, Oregon. CynthiaBroanalso lived in Oregon until she moved to New York City to
- Mitigation of Damages.FACTS:Ms.Vuylsteke, a single mother with three children, lived in Portland, Oregon. CynthiaBroanalso lived in Oregon until she moved to New York City to open and operate an art gallery.BroancontactedVuylstekeand invited her to manage the gallery under a one-year contract for an annual salary of $72,000. To begin work,Vuylstekerelocated to New York. As part of the move,Vuylsteketransferred custody of her children to her husband, who lived in London, England. In accepting the job,Vuylstekealso forfeited her husband's alimony and child-support payments, including unpaid amounts of nearly $30,000. BeforeVuylstekestarted work,Broanrepudiated the contract. Unable to find employment for more than an annual salary of $25,000,Vuylstekemoved to London to be near her children.Vuylstekefiled a suit in an Oregon state court againstBroan, seeking damages for breach of contract.
- ISSUE:Should the court hold, asBroanargued, thatVuylstekedid not take reasonable steps to mitigate her damages? Why or why not?
- RESOLUTION:[Vuylstekev.Broan,172 Or.App. 74, 17 P.3d 1072 (2001)] How did the court answer the questions?What did the court decide?
- EXPLANATION-Do you agree with the court?Why or why not?Can you change any facts to give a different result?
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