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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 501

Citation
§ 501
Parent Document
Bibby's Refrigeration, Heating & Air Conditioning, Inc. v. Salisbury, 603 A.2d 726 (1992)
Jurisdiction
Rhode Island (state)
Effective Date
1992-02-20

Other Sections in This Document (46)

Full Text

860 chars
Although Bibby’s Refrigeration is denied from recovering damages that it could have avoided through reasonable efforts. Salisbury had a duty to produce evidence proving that plaintiff could have avoided its damages through reasonable efforts. The defendant did not introduce sufficient evidence to meet this burden. For example, no evidence was introduced showing that plaintiff made attempts to purchase, or could have purchased, a similar ice-making machine. The defendant did not show that plaintiff had the opportunity to enter into another rental agreement at a similar rental rate with a third party. The defendant did not introduce evidence showing that plaintiff unreasonably allowed its damages to accumulate. Since insufficient evidence was introduced to meet defendant’s burden, we conclude that plaintiff’s recovery is not limited by this doctrine.