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6 District of Columbia opinions name it 1 courts 1987–2015 0 in the last five years
The cases below were cited by District of Columbia 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 |
|---|---|---|
Flowers v. District of Columbiagreen2 sentences2007With no governing contractual provision in the lease, therefore, we may draw on the doctrine of avoidable consequences' — the tort formulation for mitigation — for calculation of damages. 32 “The avoidable consequences doctrine is that ‘one injured by the tort of another is not entitled to recover damages for any harm that he could have avoided by the use of reasonable effort....’” Flowers v. District of Columbia, 478 A.2d 1073, 1077 (D.C.1984) (quoting Restatement (Seoond) of ToRts § 918 (1979)). 2007With no governing contractual provision in the lease, therefore, we may draw on the doctrine of avoidable consequences' — the tort formulation for mitigation — for calculation of damages. 32 “The avoidable consequences doctrine is that ‘one injured by the tort of another is not entitled to recover damages for any harm that he could have avoided by the use of reasonable effort....’” Flowers v. District of Columbia, 478 A.2d 1073, 1077 (D.C.1984) (quoting Restatement (Seoond) of ToRts § 918 (1979)). | 2 | 2 |
Edward M. Crough, Inc. v. Department of General Servicesgreen1 sentence2015Servs. of the District of Columbia, 572 A.2d 457, 466 (D.C.1990) (citation omitted). | 1 | 1 |
Salmon v. United Statesgreen1 sentence1999See, e.g., Salmon v. United States, 719 A.2d 949, 956 (D.C.1997); Weeda v. District of Columbia, 521 A.2d 1156, 1163 (D.C.1987). [6] As we stated in McCord : The doctrine of avoidable consequences [also known as mitigation of damages] is to be distinguished from the doctrine of contributory negligence. | 1 | 1 |
Weeda v. District of Columbiagreen1 sentence1999See, e.g., Salmon v. United States, 719 A.2d 949, 956 (D.C.1997); Weeda v. District of Columbia, 521 A.2d 1156, 1163 (D.C.1987). [6] As we stated in McCord : The doctrine of avoidable consequences [also known as mitigation of damages] is to be distinguished from the doctrine of contributory negligence. | 1 | 1 |
Robinson v. Carneygreen1 sentence1994See Robinson v. Carney, 632 A.2d 106 , 108 n. 4 (D.C.1993); Edward M. | 1 | 1 |
McCord v. Greengreen2 sentences1992See, e.g., McCord v. Green, 362 A.2d 720, 725-26 (D.C.1976) *537 (discussing doctrine of avoidable consequences). 1992See, e.g., McCord v. Green, 362 A.2d 720, 725-26 (D.C.1976) (discussing doctrine of avoidable consequences). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
George Washington University v. Waas
green
2 sentences1999Nevertheless, our case law, although tending to suggest that failure to mitigate is an affirmative defense that must be pled in accordance with the rule, see Waas, 648 A.2d at 179 n. 3 ("the duty to mitigate is akin to the doctrine of avoidable consequences, an affirmative defense which may be waived if not pled pursuant to Super. 1999Nevertheless, our case law, although tending to suggest that failure to mitigate is an affirmative defense that must be pled in accordance with the rule, see Waas, 648 A.2d at 179 n. 3 ("the duty to mitigate is akin to the doctrine of avoidable consequences, an affirmative defense which may be waived if not pled pursuant to Super. | 1 | 1999–1999 |
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.