Failure to mitigate damages A plaintiff cannot collect for harm that they could have reasonably avoided. For example, if a tenant breaks their lease and moves The failure to mitigate doctrine speaks to the calculation of damages and holds that a party generally cannot recover for losses that the party could have unable to take, correctly stated applicable law). Failure to mitigate damages is an affirmative defense. Rozny v. Marnul, 43 Ill.2d 54, 250. N.E.2d 656 (1969).
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CHAPTER 5 GENERAL INSTRUCTIONS RELATING TO DAMAGES