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11 Ohio opinions name it 2 courts 1982–2008 0 in the last five years
The cases below were cited by Ohio 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 |
|---|---|---|
F. Enterprises, Inc. v. Kentucky Fried Chicken Corp.green2 sentences2006Thus, contract law acknowledges that mitigation, otherwise known as the doctrine of avoidable consequences, may justly place an injured party `in as good a position had the contract not been breached at the least cost to the defaulting party.' F. Ent., Inc. v. Kentucky Fried Chicken Corp. (1976), 47 Ohio St.2d 154 , 159-160 , 351 N.E.2d 121 ." Id. at paragraph 12. {¶ 51} Based on the foregoing, the burden was on appellee to show that appellants failed to use reasonable efforts to mitigate any damages. 2006Thus, contract law acknowledges that mitigation, otherwise known as the doctrine of avoidable consequences, may justly place an injured party `in as good a position had the contract not been breached at the least cost to the defaulting party.' F. Ent., Inc. v. Kentucky Fried Chicken Corp. (1976), 47 Ohio St.2d 154 , 159-160 , 351 N.E.2d 121 ." Id. at paragraph 12. {¶ 51} Based on the foregoing, the burden was on appellee to show that appellants failed to use reasonable efforts to mitigate any damages. | 1 | 6 |
Johnson v. University Hospitalsgreen2 sentences2008See Johnson v. University Hospitals of Cleveland (1989), 44 Ohio St.3d 49 , 57 , 540 N.E.2d 1370 ; Calamari Perillo, Contracts (2d Ed. 1977) 528, § 14-8. 2008See Johnson v. University Hospitals of Cleveland (1989), 44 Ohio St.3d 49 , 57 , 540 N.E.2d 1370 ; Calamari Perillo, Contracts (2d Ed. 1977) 528, § 14-8. | 1 | 1 |
Maloney v. General Tire Sales, Inc.green2 sentences1982F. Enterprises, Inc. v. Kentucky Fried Chicken Corp. (1976), 47 Ohio St. 2d 154, 159-161 [ 1 O.O.3d 90 ]; Maloney v. General Tire Sales (1973), 34 Ohio App. 2d 177, 185 [ 63 O.O.2d 289 ]; Hough v. Stone (1925), 21 Ohio App. 444, 453 . 1982F. Enterprises, Inc. v. Kentucky Fried Chicken Corp. (1976), 47 Ohio St. 2d 154, 159-161 [ 1 O.O.3d 90 ]; Maloney v. General Tire Sales (1973), 34 Ohio App. 2d 177, 185 [ 63 O.O.2d 289 ]; Hough v. Stone (1925), 21 Ohio App. 444, 453 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Frenchtown Square Partnership v. Lemstone, Inc.
green
2 sentences2005Thus, contract law acknowledges that mitigation, otherwise known as the doctrine of avoidable consequences, may justly place an injured party "in as good a position had the contract not been breached at the least cost to the defaulting party." Id. , quoting F. Ent., Inc. v. Kentucky Fried Chicken Corp. (1976), 47 Ohio St.2d 154 , 159-160 , 351 N.E.2d 121 . {¶ 24} In S D Mechanical Contrs., Inc. v. Enting Water Conditioning Sys., Inc. (1991), 71 Ohio App.3d 228 , 593 N.E.2d 354 , this court noted the "cardinal rule of contracts that an injured party is under a duty to mitigate its damages and m 2004Contract law acknowledges that mitigation, otherwise known as the doctrine of avoidable consequences, may justly place an injured party "in as good a position had the contract not been breached at the least cost to the defaulting party." Frenchtown Square Partnership v. Lemstone, Inc. , 99 Ohio St.3d 254 , 2003-Ohio-3648 at ¶ 12 . {¶ 47} In this case, J. | 3 | 2004–2008 |
Provident Bank v. Barnhart
green
2 sentences2008Thus, contract law acknowledges that mitigation, otherwise known as the doctrine of avoidable consequences, may justly place an injured party `in as good a position had the contract not been breached at the least cost to the defaulting party'"). {¶ 143} Broad Jackson fails to cite to any authority for the applicability of the doctrine of "avoidable consequences", or mitigation, in the present context, and we are aware of none. {¶ 144} However, even if we were to apply the doctrine of "avoidable consequences" to the instant matter, we note that the doctrine "requires only reasonable, practical 2004Id. at 320 . | 2 | 2004–2008 |
S & D Mechanical Contractors, Inc. v. Enting Water Conditioning Systems, Inc.
green
2 sentences2005Thus, contract law acknowledges that mitigation, otherwise known as the doctrine of avoidable consequences, may justly place an injured party "in as good a position had the contract not been breached at the least cost to the defaulting party." Id. , quoting F. Ent., Inc. v. Kentucky Fried Chicken Corp. (1976), 47 Ohio St.2d 154 , 159-160 , 351 N.E.2d 121 . {¶ 24} In S D Mechanical Contrs., Inc. v. Enting Water Conditioning Sys., Inc. (1991), 71 Ohio App.3d 228 , 593 N.E.2d 354 , this court noted the "cardinal rule of contracts that an injured party is under a duty to mitigate its damages and m 2005Thus, contract law acknowledges that mitigation, otherwise known as the doctrine of avoidable consequences, may justly place an injured party "in as good a position had the contract not been breached at the least cost to the defaulting party." Id. , quoting F. Ent., Inc. v. Kentucky Fried Chicken Corp. (1976), 47 Ohio St.2d 154 , 159-160 , 351 N.E.2d 121 . {¶ 24} In S D Mechanical Contrs., Inc. v. Enting Water Conditioning Sys., Inc. (1991), 71 Ohio App.3d 228 , 593 N.E.2d 354 , this court noted the "cardinal rule of contracts that an injured party is under a duty to mitigate its damages and m | 1 | 2005–2005 |
Hough v. Stone
neutral
1 sentence1982F. Enterprises, Inc. v. Kentucky Fried Chicken Corp. (1976), 47 Ohio St. 2d 154, 159-161 [ 1 O.O.3d 90 ]; Maloney v. General Tire Sales (1973), 34 Ohio App. 2d 177, 185 [ 63 O.O.2d 289 ]; Hough v. Stone (1925), 21 Ohio App. 444, 453 . | 1 | 1982–1982 |
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.