Defenses to Accidental Tort Claims – 3
Doctrine of avoidable consequences
This is a doctrine of good faith and fair dealing. The injured person need not make extraordinary efforts to do what is unreasonable or impracticable in his or her efforts to minimize damages; reasonable diligence and ordinary care are all that are required to allow full recovery of all damages caused by the defendant’s wrongful activity. If the injured person acts with such care and diligence as a person of ordinary prudence would under the circumstances, and his or her efforts to minimize damages are determined by the rules of common sense, good faith and fair dealing would require a finding of liability against the person who caused the injury
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