Contracts: Remedies: Monetary: Avoidable Damages

  • Avoidable damages: Cannot recover damages you could have avoided with reasonable effort (the rule of mitigation).
    • Kay Pasa is fired in violation of her contract. She makes $900/week. Her former employer alleges that Kay can get a comparable job paying $800/week. What are Kay’s damages? $100/week. Comparable means the same kind of job in the same city. If Kay doesn’t take the job, her damages will be reduced accordingly.