51-12-11. Mitigation of damages required; exception.

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

When a person is injured by the negligence of another, he must mitigate his damages as far as is practicable by the use of ordinary care and diligence. However, this duty to mitigate does not apply in cases of positive and continuous torts.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Civil Code 1895, § 3802; Civil Code 1910, § 4398; Code 1933, § 105-2014.

Law reviews

For annual survey of wills, trusts, guardianships, and fiduciary administration, see 58 Mercer L. Rev. 423 (2006).

Other notes

History of Code section.: The language of this Code section is derived in part from the decisions in Athens Mfg. Co. v. Rucker, 80 Ga. 291, 4 S.E. 885 (1887); Satterfield v. Rowan, 83 Ga. 187, 9 S.E. 677 (1889); Western Union Tel. Co. v. Reid Bros., 83 Ga. 401, 10 S.E. 919 (1889); and Georgia R.R. & Banking Co. v. Eskew, 86 Ga. 641, 12 S.E. 1061 (1891).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t51-(v39)-2017-pdf.pdf, Volume V39, 2017 edition, page 955; merge action: annotated; file SHA-256 bc30a40687b2.

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