This podcast by Professor Scott J. Burnham explores the basic concept of mitigation, or, as it is sometimes called, avoidable consequences, which is used in computing damages. Mitigation is a principle that can limit a plaintiff’s recovery in a claim for breach of contract. The principle is stated in Restatement (Second) of Contracts § 350(1). The podcast also discusses Rockingham County v. Luten Bridge Co. and the twist on the common law rule of mitigation found in U.C.C. § 2-704.
Learning Outcomes
On completion of the podcast, the student will be able to:
1. Explain the limitation that mitigation puts on the non-breaching party’s recovery.
2. State examples of mitigation from both the common law and the sale of goods under the U.C.C.
A transcript of this podcast is here.
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