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5 Rhode Island opinions name it 2 courts 1989–2009 0 in the last five years
The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bibby's Refrigeration, Heating & Air Conditioning, Inc. v. Salisburygreen2 sentences2009The law in Rhode Island is well settled that a party claiming injury "has a duty to exercise reasonable diligence and ordinary care in attempting to minimize its damages." Id. (citing Bibby's Refrigeration , *Page 8 Heating Air Conditioning, Inc. v. Salisbury , 603 A.2d 726 , 729 (R.I. 1992)). 2009Under the doctrine of avoidable consequences, "a party may not recover damages `that the injured party could have avoided without undue risk, burden or humiliation.'" Bibby's *Page 27 Refrigeration, Heating Air Conditioning, Inc. v. Salisbury , 603 A.2d 726 , 729 (R.I. 1992) (quoting Restatement (Second) Contracts § 350(1) (1981)). | 2 | 4 |
Tomaino v. Concord Oil of Newport, Inc.green2 sentences2009The Rhode Island Supreme Court discussed the concept of mitigation of damages at length: The affirmative defense of mitigation of damages is often referred to as the "doctrine of avoidable consequences." Tomaino v. Concord Oil of Newport, Inc. , 709 A.2d 1016 , 1026 (R.I. 1998). 2001The affirmative defense of mitigation of damages is often referred to as the “doctrine of avoidable consequences.” Tomaino v. Concord Oil of Newport, Inc., 709 A.2d 1016, 1026 (R.I.1998). | 1 | 2 |
Hutchins v. Schwartzgreen1 sentence1989See Hutchins v. Schwartz, 724 P.2d 1194 (Alaska 1986); Spier v. Barker, 35 N.Y.2d 444 , 323 N.E.2d 164 , 363 N.Y.S.2d 916 (1974). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Spier v. Barker
green
2 sentences1989See Hutchins v. Schwartz, 724 P.2d 1194 (Alaska 1986); Spier v. Barker, 35 N.Y.2d 444 , 323 N.E.2d 164 , 363 N.Y.S.2d 916 (1974). 1989See Hutchins v. Schwartz, 724 P.2d 1194 (Alaska 1986); Spier v. Barker, 35 N.Y.2d 444 , 323 N.E.2d 164 , 363 N.Y.S.2d 916 (1974). | 1 | 1989–1989 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.