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CACI 358

What Is Contract Mitigation of Damages Law in California

Personal Injury Lawyers

What is the Law in California for Contract Mitigation of Damages - California Civil Jury Instruction CACI 358

California Law

CA Civil Jury Instructions

CACI 358 - Contract Mitigation of Damages

As of September 1, 2010

California Civil Jury Instruction CACI 358

358. Mitigation of Damages

If [name of defendant] breached the contract and the breach caused

harm, [name of plaintiff] is not entitled to recover damages for

harm that [name of defendant] proves [name of plaintiff] could have

avoided with reasonable efforts or expenditures. You should

consider the reasonableness of [name of plaintiff]’s efforts in light of

the circumstances facing [him/her/it] at the time, including [his/

her/its] ability to make the efforts or expenditures without undue

risk or hardship.

If [name of plaintiff] made reasonable efforts to avoid harm, then

your award should include reasonable amounts that [he/she/it]

spent for this purpose.

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