Contratos y EjecuciónPregunta 807 de 1605
After a contractor breaches, the owner has a legal 'duty to mitigate' damages, which means the owner must:
a.Immediately sue for the full contract price
b.Refuse all offers from replacement contractors
c.Take reasonable steps to minimize the losses caused by the breach
d.Wait for the contractor to voluntarily fix everything
Explicación
The duty to mitigate requires the injured party to take reasonable steps to limit their losses after a breach, such as hiring a reasonable replacement contractor. Damages that could have been reasonably avoided are not recoverable. The owner need not act unreasonably or incur great expense, but sitting idle and letting losses pile up, or refusing reasonable replacements, can reduce the damages a court will award.
Practica las 1605 preguntas gratis — sin registro.
Preguntas relacionadas de este tema
- The main purpose of the Statute of Frauds is to:
- A material breach of contract is best described as a failure to perform that:
- The primary goal of compensatory ('expectation') damages for breach of a construction contract is to:
- A general contractor unequivocally tells the owner two weeks before the start date, 'We will not be doing your project at all.' This statement is an example of:
- The doctrine of 'substantial performance' generally allows a contractor who has performed in good faith with only minor, non-material defects to:
- Specific performance, a remedy that compels a party to actually perform the contract, is most commonly granted in disputes involving:
Última revisión: · proceso editorial
Sen Lin, Fundador de PrepPass · Verificado con California CSLB Contractor License Law & Business Exam · Cómo revisamos
Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)