Also known as: mitigates · mitigated · mitigating · mitigation · mitigations · mitigator · mitigators
Written by attorneys · grounded in primary & secondary sources — see below
An action or circumstance that reduces the severity of a legal consequence such as punishment, damages, or liability.
Michael Miller discovers his spouse in an act of adultery and immediately kills the other person with a deadly weapon. The factfinder infers intent to kill from use of the weapon, yet the killing is reduced from murder to voluntary manslaughter because the provocation satisfies the requirements for mitigation at common law.
Monica Morgan learns that her client used her services to commit a fraud that will cause substantial financial injury to a third party. She discloses limited information to prevent and mitigate that injury, satisfying the exception to confidentiality under the professional conduct rules.
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Mohan Malhotra seeks a development permit for a project that will increase traffic and reduce open space. The city conditions the permit on conveyance of an easement for public access, directly mitigating the project's impacts and satisfying the essential nexus requirement.
Malcolm McKinley abandons leased commercial property mid-term. The landlord elects not to attempt to relet the premises for the balance of the term and instead recovers accrued rent, consistent with the absence of any duty to mitigate the tenant's liability.
Mina Mehta suffers property damage from Mercury Industries' negligent construction activity, but the same activity also installs improved drainage that benefits her land. The value of that special benefit is considered in mitigation of her damages to the extent equitable.
Meredith Maxwell honestly but unreasonably believes deadly force is necessary to defend against an attacker and kills the person. The honest belief mitigates what would otherwise be murder to voluntary manslaughter under the common law rule in applicable jurisdictions.
The provocation must be adequate to cause an ordinary person sudden intense passion that overwhelms self-control. The defendant must have actually been provoked. There must be no cooling-off period. And the killing must occur while the passion persists.
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No. Under the Restatement rule, the landlord is under no duty to attempt to relet the property for the balance of the term to mitigate the tenant's liability, although the landlord may accept surrender or relet for the tenant's account.
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When the defendant's tortious conduct causes harm to the plaintiff but also confers a special benefit to the same interest that was harmed, the value of the benefit is considered in mitigation of damages to the extent equitable.
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A lawyer may reveal information to prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client's crime or fraud in which the lawyer's services were used.
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Counsel's strategic decision not to present additional mitigating evidence is evaluated for effectiveness, and statutes must permit consideration of mitigating circumstances so the jury can exercise individualized discretion before imposing death.
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…the statutory requirements. Good motives and belief in truth do not negate an inference of malice, but are relevant only in mitigation of punitive damages if the jury chooses to accord them weight. Johnson Publishing Co. v. Davis, supra, 271 Ala., at 495, 124 So. 2d, at 458. The question before us is whether this rule of…