mitigation

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mitigation

reduction. The term is most often found in two phrases: ‘mitigating circumstances’ - an attempt to keep the sentence to a minimum; and in mitigation of damages, the duty on the victim of a contract-breaker or a delinquent or tort-feasor to keep his losses within reason.

MITIGATION. To make less rigorous or penal.
     2. Crimes are frequently committed under circumstances which are not justifiable nor excusable, yet they show that the offender has been greatly tempted; as, for example, when a starving man steals bread to satisfy his hunger, this circumstance is taken into consideration in mitigation of his sentence.
     3. In actions for damages, or for torts, matters are frequently proved in mitigation of damages. In an action for criminal conversation with the plaintiff's wife, for example, evidence may be given of the wife's general bad character for want of chastity; or of particular acts of adultery committed by her, before she became acquainted with the defendant; 12 Mod. R. 232; Bull. N. P. 27, 296; Selw. N. P. 25; 1 Johns. Cas, 16: or that the plaintiff has carried on a criminal conversation with other women; Bull. N. P. 27; or that the plaintiff's wife has made the first advances to the defendant, 2 Esp. N. P. C. 562; Selw. N. P. 25. See 3 Am. Jur. 287, 313; Bouv. Inst. Index, h.t.
     4. In actions for libel, although the defendant cannot under the general issue prove the crime, which is imputed to the plaintiff, yet he is in many cases allowed to give evidence of the plaintiff's general character in mitigation of damages. 2 Campb. R. 251; 1 M. & S. 284.

References in periodicals archive ?
In his remarks, chairman, Abaji Area Council, Abdulrahman Ajiya, described the initiative as a laudable precautionary and decisive measure to mitigate the seemingly recurring scourge of destruction of farms by erosion.
Dominguez said coming up with insurance products that help communities mitigate disaster risks and build resilience "is one area where business opportunities and social concerns converge quite nicely."
Measured yaw rate values differ from estimates based on other sensors and Electronic Stability Control is disabled to mitigate the severity of failure modes caused by yaw rate sensor failures.
Xcellerate Monitoring helps clients proactively identify and mitigate clinical trial risks in near real time for a single study or across an entire portfolio of trials as well as centralizes and consolidates all clinical trial data, enhances patient safety, improves trial efficiency and proactively enables clients to identify and mitigate potential risks.
This document discusses detailed research methodology and several potential approaches to determine the reactivity of aggregate, mitigate ASR, and detect the damage caused by ASR.
During the meeting, it was noted that in order to mitigate the negative impact of external factors on the economy of the country, it is necessary to to create jobs and develop food market with local goods.
For a period prior to 1995, the general consensus among the courts was that, although commercial landlords were under no such duty, residential landlords had a duty to mitigate their damages.
reported that the nonevaporative technique can be used to mitigate damaged sites with lateral sizes as large as 400 [micro]m, but the high temperature annealing by using an oven must be applied to relieve the residual stress of the mitigated sites [11, 12].
TEHRAN (FNA)- EU President Herman Van Rompuy said the conflict in Syria cannot be resolved by military means and called on China to help mitigate the crisis as a member of the UN Security Council.
"It is worth mentioning that Japan contributed in March 2013 a sum of USD 47.2 million through UNDP, UNHCR, UNICEF, WFP and WHO to mitigate the dire humanitarian situation in Yemen, the embassy added.
In the face of a growing demand for water and anxiety about future weather patterns, it is imperative that local farmers take the onus upon themselves to mitigate the risk of water shortage by finding innovative and alternative methods to conserve water for their crops.
This article will explore whether extra-curial punishment should be regarded as a factor that can mitigate the sentence of an offender.