If an Innocent Party Fails to Mitigate His Losses Suffered

question 13

Multiple Choice

If an innocent party fails to mitigate his losses suffered upon the contract breaker's breach, this will reduce his otherwise recoverable expectation damages. This is known as the duty to mitigate. In which of the following cases will a court not question whether B has mitigated his losses?

• A) Ben is wrongfully dismissed from his work. His employer, Angela, apologizes for the mistake and offers him his old job back. Ben refuses the offer
• B) Brianne is injured by her employer's breach of contract regarding safe working hours. A simple operation can reduce or eliminate the injury. Brianne refuses to undergo the operation.
• C) Avery orders a pair of glasses at Byfocals Opticians. The next day, he sees the same frames for half price at another store. He immediately passes by Byfocals to tell them he will not be needing the glasses after all. Byfocal's assembles the glasses the following day and claims the contract price from Avery.

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Definitions:

Ethologist

A scientist who studies the behavior of animals in their natural environments, focusing on instinctual or innate behavioral patterns.

Freud

An Austrian neurologist and the founder of psychoanalysis, known for his work on the unconscious mind and the development of psychosexual stages.

Lorenz

An Austrian zoologist and ethologist known for his foundational contributions to the study of animal behavior, especially the concept of imprinting in early development.

Ethology

The study of behaviors that are specific to a species—how these behaviors evolved, help the organism adapt, and develop during critical periods.