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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

RAL Automotive Group, Inc. v. Edwards, 151 N.H. 497 (2004)

Citation
RAL Automotive Group, Inc. v. Edwards, 151 N.H. 497 (2004)
Parent Document
RAL Automotive Group, Inc. v. Edwards, 151 N.H. 497 (2004)
Jurisdiction
New Hampshire (state)
Effective Date
2004-11-30

Full Text

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RAL' nevertheless argues that the trial court’s opinion is supported by the doctrines of mitigation of damages and avoidable consequences. “For the mitigation doctrine to apply, however, the party against whom the doctrine is asserted must be seeking damages.” Grenier v. Barclay Square Commercial Condo. Owners’ Assoc., 150 N.H. 111, 119 (2003): Edwards is not seeking damages from RAL; rather; his motion to compel RAL to post the letter of credit sought equitable relief. Thus, while mitigation may become an issue if Edwards later seek damages, at this juncture, the doctrine does not apply. See id.