Paine Enterprises Ltd. ( " Paine " ) sued Montesquieu Corp. ( " Montesquieu " ) in tort . The court held that there had been a failure to mitigate darnages . This means that : a ) The tort Montesquieu committed was NOT an intentional tort . b ) At the time that Montesquieu committed the tort , the loss that Paine suffered was not reasonably foreseeable . ) Paine may NOT be entitled to damages for losses he could have reasonably avoided . d ) Paine also committed a tort which contributed to its losses .