Commercial / Business Litigation Issues

Duty to Mitigate Damages

Except as indicated, all indented material is copied directly from the court’s opinion.

Decisions of the Tennessee Supreme Court

Decisions of the Tennessee Court of Appeals


Tennessee Bank & Trust v. BoruffNo. M2021-00552-COA-R3-CV (Tenn. Ct. App. Mar. 15, 2022).

[W]hether a party has satisfied its duty to mitigate damages is a matter of law and must be reviewed de novo. B.W. Byrd Metal Fabricators, Inc. v. Alcoa, Inc., No. E2018-01750-COA-R3-CV, 2019 WL 3889798, at *6 (Tenn. Ct. App. Aug. 19, 2019).


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