avoidable consequences rule

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1.041 documents for avoidable consequences rule

- Mary Vizzini, Administratrix of the Estate of Salvatore Vizzini, Deceased, v. Ford Motor Company C/O C. T. Corp. System, Appellant., 569 F.2d 754 (3rd Cir. 1977)
... of discretion within the meaning of the rule, when the action of the trial judge is clearly con...'s earning capacity, the income tax consequences of the matter should not be taken into considerati... is admissible under the doctrine of avoidable consequences to prove plaintiff's failure to mitig...
- Federal Circuits
- Meineke Car Care Centers v. RLB Holdings, LLC, (4th Cir. 2011)
.... Consistent with our general rule on this point, we have held that "the failure of a... avoid or lessen the consequences of [the] wrong." See Miller v. Mille... rule is known as the doctrine of avoidable consequences or the duty to minimize damages....
- Federal Circuits
- School Had No Duty to Limit Loss, Rules Md. Court of Appeals
A private school can recover a full year's tuition, interest and attorneys' fees from parents who withdrew their child after the cancellation date, even if the school suffered no loss, the state's highest court has held. The decision will impact any contract that includes a "liquidated damages" clause, in which both sides agree in advance on an amount that will be paid if the contract is breached.

... a valid liquidated damages clause, the 'avoidable consequences' rule does not apply," said Michael V...
- The Daily Record (Baltimore)
- November 14, 2007

- Meineke Car Care Centers v. RLB Holdings, LLC, (4th Cir. 2011)
.... Consistent with our general rule on this point, we have held that "the failure of a... avoid or lessen the consequences of [the] wrong." See Miller v. Mille... rule is known as the doctrine of avoidable consequences or the duty to minimize damages....
- Federal Circuits
- Avoidable Consequences
...The rule of avoidable consequences applies to both contract...
- West's Encyclopedia of American Law
- A–Ba
- Meineke Car Care Centers v. RLB Holdings, LLC, (4th Cir. 2011)
.... Consistent with our general rule on this point, we have held that "the failure of a... avoid or lessen the consequences of [the] wrong." See Miller v. Mille... rule is known as the doctrine of avoidable consequences or the duty to minimize damages....
- Federal Circuits
- Bruesewitz v. Wyeth LLC, 562 U.S. (2011)
...And neither will the judges who must rule onmotions to dismiss, motions for summary judgment...Opinion of the Court others are avoidable."38 That is not so. The "if" clausemakes total se... leads to veryserious and damaging consequences when it is injected"; ------ 4 Comment k provides ...
- U.S. Supreme Court
- Meineke Car Care Centers v. RLB Holdings, LLC, (4th Cir. 2011)
.... Consistent with our general rule on this point, we have held that "the failure of a... avoid or lessen the consequences of [the] wrong." See Miller v. Mille... rule is known as the doctrine of avoidable consequences or the duty to minimize damages....
- Federal Circuits
- Rep. Linda T. Sanchez Holds a Hearing On H.R. 3010, the Arbitration Fairness Act of 2007
... out some of the serious issues and consequences of H.R. 3010. In June, we held a hearing on manda... It even proposes to rule out and undo mandatory binding arbitration clauses... nursing home residents who suffer from avoidable pressure ulcers, some literally as big as pie plat...
- Political Transcript Wire
- August 21, 2009
- Prod.Liab.Rep. (Cch) P 13,068 Alvin Dillinger, Appellant, v. Caterpillar, Inc., a Delaware Corporation; Wheeler Machinery Company, Inc., a Utah Corporation., 959 F.2d 430 (3rd Cir. 1992)
... was admissible under the doctrine of "avoidable consequences." 14 The district court excluded the...First, we observed that:. The rule of avoidable consequences is closely akin to the d...
- Federal Circuits