Question

Valerie contracts with Esteban, who agrees to build a stone retaining wall and drain on her property. The wall and drain are necessary to prevent erosion of her land, which is falling into the creek on her property at a rapid rate. If Esteban breaches the contract, Valerie is under a legal obligation to:__________.
a. wait until Esteban is prepared to build the wall and drain.
b. mitigate her damages.
c. do nothing, because she is the innocent party and thus has no legal duties.
d. absorb all of the costs associated with the property erosion caused by Esteban's breach.

Answer 1

Answer:

mitigate her damages.

Explanation:

Mitigate is the act of reducing or making less. To mitigate damages means the way a plaintiff reduces injury by taking certain steps. When a contract is breached to wronged party is expected to take measures to reduce harm.

Valerie can take any action that will prevent erosion on her land. So to avoid additional loss she can for example hire another person that will be able to build a stone retaining wall to prevent erosion on her land