Mitigation of Damages: Your Duty After a Breach of Contract

Mitigation of Damages: Your Duty After a Breach of Contract

Mitigation of Damages: Your Duty After a Breach of Contract


Contracts are the foundation of countless business transactions, legal agreements, and everyday interactions. However, when one party breaches a contract, it can lead to financial losses for the other party. While seeking compensation through breach of contract damages is a valid approach, it is essential for the injured party to understand their duty to mitigate damages. In this blog post, Real Estate Law Corporation explores the concept of mitigation of damages in breach of contract cases, outlining your responsibilities and the crucial role it plays in the legal process.

Understanding Mitigation of Damages

1.1. Definition

Mitigation of damages, also known as the duty to mitigate, is a legal principle that requires the injured party (non-breaching party) to take reasonable steps to minimize or limit their financial losses after a breach of contract occurs. In essence, it is a duty to act reasonably to prevent further harm and avoid unnecessary costs.

1.2. Rationale

The primary purpose of mitigation is to ensure that the injured party does not exacerbate their damages intentionally or unreasonably. Courts expect parties to make reasonable efforts to mitigate their losses rather than passively allowing them to accumulate.

Your Duty to Mitigate Damages

2.1. Act Reasonably

After a breach of contract, the injured party must act reasonably to minimize their losses. This includes taking prompt and appropriate actions to limit the financial harm suffered as a result of the breach.

2.2. Examples of Mitigation

Examples of mitigation in breach of contract cases include:

Finding Alternative Suppliers: If a supplier breaches a contract to deliver goods, the buyer should make efforts to secure alternative sources for the required goods at a reasonable cost.
Seeking New Employment: In an employment contract dispute, if an employee is wrongfully terminated, they should actively seek new employment to mitigate their loss of income.
Reselling Goods: If a buyer breaches a contract to purchase goods, the seller should attempt to resell the goods to minimize their financial losses.

Failure to Mitigate Damages

3.1. Consequences

Failure to mitigate damages can have significant consequences for the injured party. If a court determines that the injured party did not reasonably attempt to mitigate their losses, it may reduce the amount of compensation they are entitled to. This reduction is often referred to as “damages that could have been avoided.”

3.2. Reasonable Efforts

Courts generally assess whether the injured party made reasonable efforts to mitigate their damages. If the steps taken are considered reasonable in the circumstances, the injured party is more likely to receive full compensation for their losses.

Demonstrating Mitigation

4.1. Burden of Proof

The burden of demonstrating that the injured party failed to mitigate damages rests with the breaching party. In other words, the party responsible for the breach must provide evidence that the injured party did not act reasonably to mitigate their losses.

4.2. Evidence of Mitigation

To avoid disputes over mitigation, it is advisable for the injured party to document their efforts to minimize losses. This may include records of job applications, correspondence with alternative suppliers, or evidence of attempts to resell goods.

Consult with Legal Counsel

In complex breach of contract cases, the duty to mitigate damages can be a critical factor in determining the final compensation awarded. To navigate these complexities and protect your rights effectively, it is essential to consult with experienced legal counsel. An attorney can provide guidance on your duty to mitigate, help you take appropriate steps, and advocate on your behalf in negotiations or in court. By understanding your duty and working closely with legal professionals, you can ensure that you fulfill your obligations and maximize your potential recovery in breach of contract cases.


Mitigation of damages is a fundamental principle in breach of contract cases. It requires the injured party to take reasonable steps to minimize their financial losses after a breach occurs. Failure to mitigate damages can lead to a reduction in the compensation awarded. By acting reasonably and documenting their mitigation efforts, the injured party can fulfill their duty and strengthen their position in legal proceedings. Legal counsel plays a vital role in guiding parties through this process and ensuring that their rights are protected. Ultimately, mitigation of damages serves as a crucial element in the pursuit of justice and fair compensation in breach of contract disputes.

Whether you’re a property owner, investor, or business owner, Real Estate Law Corporation™ is your trusted partner on the path to legal success. Contact us today to embark on a journey of exceptional legal support. Our team of seasoned attorneys brings decades of experience to every case, demonstrating a profound understanding of real estate law, transactions, litigation, business intricacies, and estate planning. With a proven record of success, our portfolio is adorned with numerous landmark cases that stand as a testament to our dedication, expertise, and commitment to achieving favorable outcomes for our clients.