A supervisor is required to intervene to prevent
avoidable consequences of misconduct if the supervisor knows that the misconduct occurred.
While adaptation to unavoidable impacts of global warming is important, climate mitigation remains of vital relevance to prevent or damp
still avoidable consequences.»
If it is the defendant's position that the plaintiff could reasonably have avoided some part of the loss claimed, it is for the defendant to carry the burden of that issue, subject to the defendant being content to allow the matter to be disposed of on the trial judge's assessment of the plaintiff's evidence
on avoidable consequences.
The Supreme Court of Washington affirmed the holdings of the superior court
regarding avoidable consequences, the denial of treble damages, and the amount of damages awarded.
Respectfully, Brexit appears less a genuine policy preference than
the avoidable consequence of a legitimate sense of dispossession and disenfranchisement.
Think more along the lines of «a pollutant is something that is harmful and not wanted and is
an avoidable consequence of what we want out of a process».
The doctrine of
avoidable consequences, sometimes referred to as the «duty to mitigate,» is an affirmative defense that can be raised by defendants in personal injury cases to argue the plaintiff was partially or fully responsible due to failure to exercise reasonable care to reduce the injury or damages suffered.
Sometimes, the doctrine of
avoidable consequences is confused with the doctrine of comparative negligence.
Both are issues raised by the defense, the main difference is while comparative negligence involves the allowance of a court finding that numerous parties contributed to the initial injury and therefore share liability damages,
the avoidable consequences doctrine asserts plaintiff had a duty to prevent further injury after the the initial legal wrong occurred.
The supreme court also affirmed that the doctrine of
avoidable consequences (i.e., mitigation of...
The supreme court also affirmed that the doctrine of
avoidable consequences (i.e., mitigation of damages) was applicable to claims brought under the Act.