Also known as: duty to avoid · mitigation duty
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
An obligation imposed on an individual or entity subject to service of process to avoid unnecessary expenses by waiving formal service of a summons when requested by the plaintiff. The obligation arises once the plaintiff provides written notice of the action and a request for waiver that complies with the required format and content.
An obligation imposed on an individual or entity subject to service of process to avoid unnecessary expenses by waiving formal service of a summons when requested by the plaintiff. The obligation arises once the plaintiff provides written notice of the action and a request for waiver that complies with the required format and content.
Select any source to read its text and confirm it supports the definition.
An obligation of the non-breaching party to take reasonable steps to minimize losses resulting from the breach rather than allowing damages to accumulate. The obligation applies after the breach occurs and requires efforts that do not involve undue risk, burden, or humiliation.
Select any source to read its text and confirm it supports the definition.
An obligation of a person in possession of real estate, including a receiver appointed by a junior mortgagee, to avoid waste by applying collected rents first to taxes and reasonable maintenance and repair expenses. Only excess amounts may then be applied to the junior obligation.
Select any source to read its text and confirm it supports the definition.
An obligation of the non-breaching party to take reasonable steps to minimize losses resulting from the breach rather than allowing damages to accumulate. The obligation applies after the breach occurs and requires efforts that do not involve undue risk, burden, or humiliation.
An obligation of a person in possession of real estate, including a receiver appointed by a junior mortgagee, to avoid waste by applying collected rents first to taxes and reasonable maintenance and repair expenses. Only excess amounts may then be applied to the junior obligation.
Each sense below has its own examples, sources, and questions.
Dixon Foods receives a written notice from the plaintiff explaining that a lawsuit has been filed and requesting a waiver of formal service. Dixon Foods executes and returns the waiver promptly instead of forcing the plaintiff to hire a process server. This action satisfies the duty and prevents the plaintiff from recovering the added costs of formal service from Dixon Foods.
Derek Douglas faces an attacker who threatens only minor injury. Derek responds with a single push that causes no serious harm. Because the force used was not intended or likely to produce serious bodily harm, the privilege of self-defense applies even though Derek could have retreated.
A sitting judge learns that a city is a party to litigation pending in her court and immediately sells all municipal bonds she owns in that city. The sale prevents any appearance of impropriety or conflict arising from continued ownership of the litigant's securities.
No. The duty arises only after a breach or harm has occurred. A party need not anticipate potential loss but must act reasonably afterward to limit additional damages.
Supporting sources
The injured party may still recover the remaining loss. Reasonable but unsuccessful efforts satisfy the duty, and recovery is not barred merely because some loss persists.
Supporting sources
No. The employee must seek only comparable employment that can be performed without undue risk, burden, or humiliation. Offers that are substantially different in nature or conditions need not be accepted.
Supporting sources
National Oil obtains a receiver for the mortgaged property after Alpha Oil defaults. The receiver collects rents and first pays real estate taxes and performs necessary structural repairs. Only the remaining balance is applied to National Oil's junior obligation, fulfilling the duty to avoid waste before any senior receiver is appointed.
No. The receiver must first pay taxes and reasonable maintenance expenses to avoid waste. Only the excess may be applied to the junior obligation.
Supporting sources