LAW 506-002 – Contracts II
Restatement Second of Contracts § 350
Avoidability as a Limitation on Damages
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- Except as stated in Subsection (2), damages are not recoverable for loss that the injured party could have avoided without undue risk, burden or humiliation.
- The injured party is not precluded from recovery by the rule stated in Subsection (1) to the extent that he has made reasonable but unsuccessful efforts to avoid loss.