The doctrine of avoidable consequences is a defense in North Carolina which can lessen the damages that a plaintiff may recover because that plaintiff did not exercise reasonable care in avoiding certain consequences of the defendant’s negligence. In fine, it is urged that clarification be made either by legislation or Supreme Court ruling: that as far as the Philippines is concerned, only the doctrine of incorporation applies, both for treaties and customs. Likewise, a party who suffers a personal injury should exercise ordinary care and perseverance to find a cure, and reduce the damages to the most practicable extent. The mitigation of damages doctrine, also known as the doctrine of avoidable consequences, prevents an injured party from recovering damages that could have been avoided through reasonable efforts. This defense to damages (not liability) depends on proof that the plaintiff could have avoided some or all of the harassment’s harm with reasonable effort. Mitigation Of Damages mitigation of damages 1: a doctrine in tort and contract law: a person injured by another is required to mitigate his or her losses resulting from the injury [whether the patient shares any fault and whether the patient has satisfied … N.J. Indus. Whether the plaintiff took reasonable efforts to alleviate the effects of the injury or breach depends on the circumstances of the particular case, and is subject to the rules of common sense and fair dealing. The commitment to this model of family planning appears to be a direct consequence of what Pope Francis – on 16 January, 2015, during his visit to the Philippines, in … Interpretation Translation  avoidable consequences doctrine Precluding recovery of damages flowing from consequences reasonably avoidable by plaintiff. PHILIPPINE LEGAL DOCTRINES Doctrine of absolute privilege. Rev. Avoidable Consequences From lawbrain.com. The major function of the doctrine is to reduce the damages brought about by the defendant's misconduct. The World's Largest Free and Online Legal Dictionary. For example, if one thinks of a surgery as highly dangerous and likely to cause a greater likelihood of injury and damages, perhaps because the surgery itself is unreasonable, a plaintiff must take reasonable steps to avoid aggravating the injuries. There is an affirmative defense known as the doctrine of avoidable consequences that is often confused with the affirmative defense known as the duty to mitigate. to not sit… Price. Doctrine of avoidable consequences is the legal principle that requires the injured party to minimize their damages. This is a defense that those who cause an accident or injury use to shift the blame from them to a victim. American courts have no business endorsing or condemning the truth or falsity of anyone's religious beliefs. Small Business > Contracts-> Injury and Tort Law. The plaintiff need only make reasonable efforts to avoid the consequences of the misconduct. That section of Georgia law provides that if a plaintiff could have avoided a personal injury caused by the defendant by taking ordinary care, then he or she is not entitled to recover from the defendant. Related Cartoons. Avoidable Consequences From lawbrain.com Small Business > Contracts-> Injury and Tort Law The doctrine that places the responsibility of minimizing damages upon the person who has been injured. Central R. Co., 344 Mass. Avoidable consequences doctrine is a legal principle that places the responsibility of minimizing damages upon the person who has been injured. It means the injured party must do what a reasonable person under the same … Defense of Avoidable Consequences to Property Damage January 27, 2018 January 27, 2018 David Adelstein There is an affirmative defense known as the doctrine of avoidable consequences that is often confused with the affirmative defense known as the duty to mitigate. Doctrine that protects persons from claims alleging defamation where the alleged defamatory statements were made by members of legislative assemblies while on the floor of the assembly or communications made in the context of judicial proceedings, as part of a trial. Translator. Key Terms D Doctrine of Avoidable Consequences Doctrine of Avoidable Consequences Doctrine of Avoidable Consequences Definition A tool used to reduce damages brought about by a defendant’s conduct. 239, 244, 935 P.2d 1377 (1997) (“An injured party generally may not recover damages proximately caused by that person's unreasonable failure to mitigate.”). This group requires membership for participation - click to join. In Weston v. Dun Transportation, decided April 21, 2010, the Georgia Court of Appeals relied on the doctrine of avoidable consequences to affirm the granting of summary judgment to the defendants in a wrongful death case in which the deceased had pulled out into an intersection in front of a tractor trailer. See Cobb v. Snohomish County, 86 Wn.App. Corporation Code of the Philippines, Hector S. De Leon & Hector M. De Leon, Jr., 2006 ed.). EN. Translate texts with the world's best machine translation technology, developed by the creators of Linguee. Definition of Doctrine of Avoidable Consequences Doctrine of avoidable consequences is the legal principle that requires the injured party to minimize their damages. Ballentine's law dictionary. In the case of Avoidable-consequences Doctrine. Doctrine imposes duty on person injured to minimize damages. 223, 231, 935 P.2d 1384 (1997). Email a friend. 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