PROVING THINGS 270: DEFENDANT FAILS TO PROVE A FAILURE TO MITIGATE LOSS: NO MARKET FOR REJECTED HOSPITAL GOWNS

The burden of proving a failure to mitigate loss lies on the party alleging it.  It is a case that has to be pleaded. Once pleaded then the case has to be proven.  Here we look at a case where issues of mitigation were fully considered at trial.  The defendant attempted many sophisticated arguments ...