DUTY TO MITIGATE

duty to mitigate (mit-i-gayt). A nonbreaching party’s or tort victim’s duty to make reasonable efforts to limit losses resulting from the other party’s breach or tort. • Not doing so precludes the party from collecting damages that might have been avoided. See MITIGATION-OF-DAMAGES DOCTRINE. [Cases: Sales 384(1), 418(7). C.J.S. Sales §§ 363, 365–366, 391–393, 403.]