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:

Object Permanence

The understanding that objects continue to exist even when they cannot be seen, heard, or otherwise sensed, a critical concept in the cognitive development of infants.

Sensorimotor Substage

A phase within Piaget's sensorimotor stage of development where infants use their senses and motor abilities to understand the world.

Secondary Circular Reactions

A developmental stage in infants from about 4 to 8 months characterized by intentional repetition of actions that produce effects on the environment.

Tertiary Circular Reactions

A stage in Piaget’s theory of cognitive development where toddlers (around 12 to 18 months) experiment with new actions to see the outcomes, demonstrating an early form of problem-solving.