LAW 506-002 – Contracts II

Restatement Second of Contracts § 350


Avoidability as a Limitation on Damages

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  1. 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.
  2. 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.