Section 70-24-401

Citation: Section 70-24-401
Parent Document: Summers v. Crestview Apartments, 2010 MT 164 (2010)
Jurisdiction: Montana (state)
Effective Date: 2010-07-27
Original Source: https://www.courtlistener.com/opinion/889353/summers-v-crestview-apartments/ ↗

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       The rule in Montana is that a nondefaulting party in a contractual
       arrangement must act reasonably under the circumstances so as not to
       unnecessarily enlarge damages caused by default. Whether the injured
       party violated his duty to mitigate damages is a question for the trier of fact
       when there is conflicting evidence. Bronken’s Good Time Co. v. J.W.
       Brown & Assoc. (1983), 203 Mont. 427, 432-33, 661 P.2d 861, 864
       (citations omitted). Furthermore, we recognize that a “damaged party is
       only expected to do what is reasonable under the circumstances and need
       not embark upon a course of action which may cause further detriment to
       him.” Romain v. Earl Schwartz Co. (1989), 238 Mont. 500, 504, 779 P.2d
       54, 56-7.

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