Failure to Mitigate

Failure to mitigate may be an Affirmative Defense. It is, alternatively, treated as akin to a partial denial of the claims made. The doctrine of mitigation of damages, also known as the principle of avoidable consequences provides that a party cannot recover damages flowing from consequences which that party could reasonably have avoided. ''Associated Hous. Corp. v. Keller Bldg. Products of Jacksonville, Inc.'', 335 So.2d 362, 364 (Fla. 1st DCA 1976).