A tenant is evicted from his apartment after breaching his lease. The landlord finds a new tenant for the apartment for the remainder of the lease term at a slightly reduced rent. The landlord leasing the apartment to a new tenant for the remainder of the lease term represents: A. a breach of contract B. a mitigation of damages C. liquidated damages D. restitution Big Law Firm leases expensive office space downtown from Big City Landlord. As a result of a virus pandemic, Big Law is unable to use most of the office space for several months of the lease term. Big Law sues Big City in an effort to get a rent abatement (or partial refund) for the months that it was unable to use most of the office space during the pandemic. Big Law Firm appears to be seeking the equitable relief of: A. restitution B. promissory estoppel C. quasi contract D. quantum meruit

Respuesta :

The landlord leasing the apartment to a new tenant for the remainder of the lease term represents mitigation of damages.

The doctrine of avoidable consequences, often known as the doctrine of mitigation of damages, prohibits an aggrieved party from being compensated for harm that might have been prevented with reasonable effort.

The disciplines of tort and contract law have historically used the responsibility to reduce damages most frequently. When one party to a contract gives notice that they do not plan to comply, the other party is expected to mitigate damages, which means they must make reasonable measures to stop further losses as a result of the breach. The concept of damage mitigation has also been used in the area of property law.

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