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Mitigation in law is the principle that a party who has suffered loss (from a tort or breach of contract) has to take reasonable action to minimize the amount of the ...
Mitigation (law), the principle that a party who has suffered loss has to take reasonable action to minimize the amount of the loss suffered; Also in law, mitigating factors may cause a crime to be considered less serious, or provide a reason to make a punishment less severe. [4]
Other than pecuniary damages, which is the most common type of damages recovered, there are a few other recognizable types of damages under English law, and still others that have their validity subject to ongoing debate: Injured feelings and disappointment; Injured reputation; Speculative damages; Liquidated damages and penalty; Quantum meruit [4]
Approximately one half of U.S. states allow evidence that the defendant was under extreme mental or emotional distress as a mitigating factor, if it is accompanied by an evaluation that the defendant's ability to appreciate the criminal aspect of his offense , or his ability to control his behavior to meet the requirements of the law, was impaired.
Loss mitigation has been a tool used by lenders for decades, but experienced tremendous growth since late 2006. [4] This rapid expansion was in response to the dramatic increase in foreclosures nationwide. [5] Prior to late 2006, early 2007; Loss Mitigation was a tiny department within most lending institutions.
This is a legal as well as a political decision. In the civil law, duress is similarly only an exculpation, rendering contracts and other transactions voidable, and offering only minor mitigation in the calculation of the amount of any damages payable. Mistake of fact and mistake of law in criminal law and in mistake in contract law
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual. [1]
In law, provocation is when a person is considered to have committed a criminal act partly because of a preceding set of events that might cause a reasonable individual to lose self control. This makes them less morally culpable than if the act was premeditated (pre-planned) and done out of pure malice ( malice aforethought ).