O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Where by a breach of contract a party is injured, he is bound to lessen the damages as far as is practicable by the use of ordinary care and diligence. (Civil Code 1895, § 3802; Civil Code 1910, § 4398; Code 1933, § 20-1410.)
History of Code section. - This Code section is derived from the decisions in Western Union Tel. Co. v. Reid, 83 Ga. 401, 10 S.E. 919 (1888), and Georgia R.R. & Banking Co. v. Eskew, 86 Ga. 641, 12 S.E. 1061 (1891).
Annotations
Law reviews. - For annual survey of wills, trusts, guardianships, and fiduciary administration, see 58 Mercer L. Rev. 423 (2006).
JUDICIAL DECISIONS Plaintiff in an action is obligated to take reasonable steps to minimize plaintiff ’s damages, if any, from a breach of contract. Kingston Pencil Corp. v. Jordan, 115 Ga. App. 333, 154 S.E.2d 650 (1967). Trial court stated that even if the court had found that a school breached a teacher’s employment contract, the teacher’s ability to recover the compensatory damages that the teacher sought would have been affected by the teacher’s failure to accept the job offered by the school, which continued the salary and benefits under the teacher’s original contract. Zhou v. LaGrange Acad. Inc., 266 Ga. App. 445, 597 S.E.2d 522 (2004). Although a school system did not send a timely non-renewal notice under O.C.G.A. § 20-2-942(b)(2), the teacher knew that the basis for the notice was the teacher’s unexcused absences; because the teacher did not mitigate damages and the school system was stubbornly litigious, lost wages and attorney’s fees (at the agreed-upon rate) were proper under O.C.G.A. §§ 13-6-5 and
Notes of Decisions
Big Sandy P'ship, LLC v. Branch Banking & Trust Co., 723 S.E.2d 82 (Ga. Ct. App. 2012).
· cites it 10× “In support of their mitigation of damages defense, the Debtors pointed to evidence in the record showing that, as security for the notes, BB&T was the grantee of security deeds over real property owned by the Debtors which, upon default on the notes, gave BB&T the right to sell…”
Sirdah v. North Springs Assocs., Lllp, 696 S.E.2d 391 (Ga. Ct. App. 2010).
· cites it 6× “This appeal followed. 1. Sirdah contends that the trial court erred in granting summary judgment because a genuine issue of material fact existed as to whether North Springs failed to mitigate its damages in accordance with OCGA § 13-6-5.”
Leventhal v. Seiter, 430 S.E.2d 378 (Ga. Ct. App. 1993).
· cites it 4× “The appellant contends that the trial court erred in failing to reduce the judgment in mitigation of the appellees’ damages in accordance with OCGA § 13-6-5. While it is true that in a breach of contract action, the injured party is “bound to lessen the damages as far as is…”
Shropshire v. Alostar Bank of Com., 724 S.E.2d 33 (Ga. Ct. App. 2012).
· cites it 4× “A11A1772, appellant Spear contends that the Bank failed to mitigate its damages, as required by OCGA § 13-6-5, 25 by electing to sue on the LOC and the guaranties instead of pursuing a nonjudicial foreclosure on the real property given as security for the LOC.”
Cleveland Motor Cars, Inc. v. Bank of Am., N.A., 670 S.E.2d 892 (Ga. Ct. App. 2008).
· cites it 6× “CMC relies on OCGA § 13-6-5, which provides that “[wjhere by a breach of contract a party is injured, he is bound to lessen the damages as far as is practicable by the use of ordinary care and diligence.”
Hewitt v. Cmty. & S. Bank, 751 S.E.2d 513 (Ga. Ct. App. 2013).
· cites it 4× “1990) (promissory estoppel claim defeated by the D’Oench, Duhme doctrine barring use of unrecorded agreements as basis for claims or defenses); Magdaleno v. IndyMac Bancorp, 853 FSupp.”
Nationwide Mut. Fire Ins. v. Tomlin, 352 S.E.2d 612 (Ga. Ct. App. 1986).
· cites it 4× “He had also conscientiously purchased an all-risk insurance policy to shield him from financial loss should his home be damaged *419 in whole or in part due to the peril denominated "collapse.”
Zhou v. LaGrange Academy, Inc., 597 S.E.2d 522 (Ga. Ct. App. 2004).
· cites it 4× “Zhou argues that the trial court erred in its order by citing OCGA § 13-6-5 and stating that he had a duty to accept the altered *452 contract offered by the Academy.”
Ins. Indus. Consultants, LLC v. Alford, 669 S.E.2d 724 (Ga. Ct. App. 2008).
· cites it 2× “” OCGA § 13-6-5. However, that rule of law does not apply “ ‘where there is an absolute promise to pay.”
Collins v. Athens Orthopedic Clinic, 815 S.E.2d 639 (Ga. Ct. App. 2018).
· cites it 2× “See OCGA § 13-6-5 ("[w]here by a breach of contract a party is injured , he is bound to lessen the damages as far as is practicable .”
Wachovia Bank of Georgia, N.A. v. Namik, 620 S.E.2d 470 (Ga. Ct. App. 2005).
· cites it 2× “OCGA § 13-6-5 mandates that where a party is injured by a breach of contract, “he is bound to lessen the damages as far as is practicable by the use of ordinary care and diligence.”
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