avoidable consequences doctrine (District of Columbia) · Go Syfert
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avoidable consequences doctrine in District of Columbia

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.

Followed or applied (6)

CaseFollowedCited
Flowers v. District of Columbiagreen
dc · 1984 · cited in 2 District of Columbia opinions naming this issue, 1987–2007
2 sentences

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)).

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)).

22
Edward M. Crough, Inc. v. Department of General Servicesgreen
dc · 1990 · cited in 1 District of Columbia opinions naming this issue, 2015–2015
1 sentence

2015Servs. of the District of Columbia, 572 A.2d 457, 466 (D.C.1990) (citation omitted).

11
Salmon v. United Statesgreen
dc · 1997 · cited in 1 District of Columbia opinions naming this issue, 1999–1999
1 sentence

1999See, 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.

11
Weeda v. District of Columbiagreen
dc · 1987 · cited in 1 District of Columbia opinions naming this issue, 1999–1999
1 sentence

1999See, 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.

11
Robinson v. Carneygreen
dc · 1993 · cited in 1 District of Columbia opinions naming this issue, 1994–1994
1 sentence

1994See Robinson v. Carney, 632 A.2d 106 , 108 n. 4 (D.C.1993); Edward M.

11
McCord v. Greengreen
dc · 1976 · cited in 1 District of Columbia opinions naming this issue, 1992–1992
2 sentences

1992See, 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).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
George Washington University v. Waas green
dc · 1994
2 sentences

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.

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.

11999–1999

Where else courts name it

CA 23 (1988–2025) WA 18 (1984–2025) NJ 16 (1983–2025) IL 13 (1980–2025) OH 11 (1982–2008) GA 8 (1987–2026) FL 8 (1987–2018) ID 8 (1988–2026) UT 6 (1983–1997) DC 6 (1987–2015) RI 5 (1989–2009) ND 5 (1972–2007) NE 4 (1988–2024) WY 4 (1989–2025) MI 4 (1969–2014) MD 4 (1990–2001) TX 3 (2011–2024) NH 3 (1995–2004) AR 3 (1977–2025) IA 3 (1991–2018) LA 3 (1978–1984) AK 2 (1974–2015) AZ 2 (1986–2001) OR 2 (1976–1991) MO 2 (1994–2022) KS 2 (1979–1981) SC 2 (1992–2007) NC 2 (1995–1997) SD 2 (1998–2011)

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.

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