Also known as: avoidable consequence principle · avoidable consequences doctrine · avoidable consequences · mitigation of damages · doctrine of avoidable consequences
Written by attorneys · grounded in primary & secondary sources — see below
A limitation on recoverable damages that bars recovery for harm an injured party could have prevented through reasonable post-breach or post-tort conduct. The principle requires the injured party to take reasonable steps to minimize loss without undue risk, burden, or humiliation. Recovery is reduced only to the extent that avoidable harm actually occurred.
Alliance Holdings wrongfully terminated a commercial lease with Ariana Azizi after two years. A restaurant chain offered to sublease at a modestly lower rent, but Ariana declined because she disliked the idea of a competitor nearby. Ariana now seeks the full remaining rent. The avoidable consequences principle limits her recovery to the difference between the original rent and the sublease amount she could have obtained.
Atlas Ventures terminated its contract with Amber Alonzo for a lead film role. The studio offered her a different but substantially similar starring part in another production. Amber refused the substitute role. The avoidable consequences principle prevents her from recovering damages for lost earnings that the comparable employment would have prevented.
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Aisha Ahmed suffered a minor foot fracture after a landlord's negligent failure to repair a stair rail. Doctors instructed her to use crutches, but Aisha continued walking normally out of embarrassment. Her injury worsened into a permanent impairment. The avoidable consequences principle bars recovery for the additional harm she could have prevented by following the medical instructions.
Artemis Logistics repudiated a long-term delivery contract with Andre Antoine. To avoid an idle period, Andre spent reasonable sums repositioning his vehicle and marketing his services. He secured only sporadic short-term jobs at lower rates. The avoidable consequences principle permits Andre to recover his remaining losses because his mitigation efforts were reasonable even though unsuccessful.
No. The principle requires only reasonable efforts to minimize loss. A party that acts reasonably may still recover residual damages even when those efforts fail to eliminate all harm.
Supporting sources
The principle does not reduce damages when the defendant acted intentionally or with reckless disregard of the risk to the plaintiff, unless the plaintiff herself intentionally or heedlessly failed to protect her own interests.
Supporting sources
The standard is reasonableness judged at the time of the decision. Efforts need not be perfect or produce identical replacement performance. They must simply avoid undue risk, burden, or humiliation.
Supporting sources
The defendant bears the burden of proving that the plaintiff failed to take reasonable steps to minimize damages.
…toe surgery as relevant to comparative fault. However, the Court concluded that her post-surgery behavior was relevant only to avoidable consequences. On remand, the jury was instructed to arrive at two percentage figures regarding plaintiff's conduct: first, the degree to which her conduct after treatment had begun was responsible for…