Topic: as a basis for hypercritical examination of the conduct of … · Go Syfert
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Topic #24749

5 canonical passages across 4 cases, quoted by 16 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from In Re Kellett Aircraft Corp..

#Case FlagCanonical passage Citers
1 In Re Kellett Aircraft Corp. Anchor
ca3 · 1950
green “as a basis for hypercritical examination of the conduct of the injured party, or merely for the purpose of showing that the injured person might have taken steps which seemed wiser or would have been more advantageous to the defaulter.” 4
2 In Re Kellett Aircraft Corp.
ca3 · 1950
green “the rule of mitigation of damages may not be invoked by a contract breaker as a basis for hypercritical examination of the conduct of the injured party, or merely for the purpose of showing that the injured person might have taken steps which seemed wiser or would have been more…” 3
3 Stanspec Corporation, Cross-Appellant v. Jelco, Incorporated, Cross-Appellees
ca10 · 1972
green “accepting an arrangement with the breaching party made conditional on the plaintiffs surrender of its rights under the repudiated contract.” 3
4 Brazos Electric Power Cooperative, Inc. v. United States
uscfc · 2002
green “almost any risk of considerable loss to the injured person if he attempts to mitigate damages should be considered undue.” 3
5 Middleton v. United States
cc · 1966
green “avoided without undue risk, burden or humiliation” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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