This Article challenges the traditional approach to the avoidable consequences doctrine and reconciles it with the expectation interest. The failure to minimize losses reveals the plaintiff’s valuation of the benefits of the breach. The avoidable consequences doctrine serves this function, estimating the value of benefits that courts may have difficulty recognizing or valuing. The Author argues that even if courts never again mentioned the avoidable consequences doctrine, proper implementation of the expectation interest would produce the same damage awards.
Michael B. Kelly,
Living Without the Avoidable Consequences Doctrine in Contract Remedies,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol33/iss1/5