mitigation of damages
[/ˌmɪtɪˈɡeɪʃən əv ˈdæmɪdʒɪz/]
noun phrasepl: mitigations of damages
mitigação de danos
1. The legal principle requiring a party who has suffered loss to take reasonable steps to minimize the extent of that loss, rather than allowing damages to accumulate
The court found that the plaintiff failed in their duty of mitigation of damages by refusing to seek alternative employment after being wrongfully dismissed.
O tribunal constatou que o autor não cumpriu seu dever de mitigação de danos ao recusar-se a procurar emprego alternativo após sua demissão injusta.
2. Actions taken by an injured party to reduce or limit the harm or loss caused by another party's breach of contract or negligence
The insurance company argued that the policyholder's mitigation of damages was insufficient when dealing with the property damage.
A seguradora argumentou que a mitigação de danos do segurado foi insuficiente ao lidar com o dano patrimonial.
This is a fundamental principle in both Brazilian and Anglo-American common law systems. In Brazil, it is codified in the Civil Code (Código Civil) and enforced by courts to encourage responsible behavior from injured parties. In the USA, it is a well-established doctrine in contract and tort law, reflected in jury instructions and case law. The principle reflects the legal system's expectation that parties act reasonably to prevent unnecessary harm and loss accumulation.
Related Idioms & Phrases
duty to mitigate one's losses
taking reasonable steps to minimize damages
failure to mitigate claim
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