• 2001 - Duty to Avoid or Minimize Damages
  • C-74.25
    • Contracts
    • Damages
    • Damages
    • Personal Property
  • One who has been injured in [person] [or] [property] has the duty to exercise ordinary care to avoid loss or minimize the resulting damages. One who fails to do so cannot recover damages for any injury that could have been prevented by the exercise of ordinary care. [An injured person who reasonably expends goods or services while exercising ordinary care to avoid or minimize consequences of the wrong is entitled to recover the reasonable value of the goods and services expended, in addition to any other resulting damages suffered.] [If one is injured while exercising ordinary care to avoid or minimize consequences of the wrong, those injuries are also compensable.]
    • Baldus v. Mattern, 93 NW2d 144 (ND 1958)
    • Johnson v. Monsanto Co., 303 NW2d 86 (ND 1981)
    • N. Am. Pump Corp. v. Clay Equip. Corp., 199 NW2d 888 (ND 1972)
    • Nicola v. Meisner, 84 NW2d 702 (ND 1957)
    • Smith v. Riedenger, 95 NW2d 65 (ND 1959)
    • Stetson v. Investors Oil Co., 140 NW2d 349 (ND 196
    • Wilson v. N. Pac. Ry. Co.,153 NW 429 (ND 1915)
  • Notes: This is the "Avoidable Consequences" doctrine. Compare NDJI C - 74.02, Value of Property to Seller and NDJI C - 74.04, Value of Property to [Buyer] [Owner], where duty to minimize damages is implicit.