THE DOCTRINE OF AVOIDABLE CONSEQUENCES IN DISABILITY INSURANCE "In the sweat of thy face shalt thou eat bread till thou return
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چکیده
1. See cases cited 17 CORPUS JURIS., p. 767 ff. The theory is frequently denoted as the " mitigation of damage" rule. Volunteer Insurance Co. v. Weaver, 167 So. 268 (Ala., 1936) ; Assurance Society v. Merlock, 253 Ky. 596, 69 S.W. 12 (1934); Culver v. Insurance Co. (unreported decision, Circuit Court, County of Genessee, Mich., 1932) ; Jones v. Insurance Co., 175 S.E. 425 (S.C., 1934) ; British Westinghouse Electric Co. Ltd. (1912 A.C., p. 673). This phrase has, however, acquired the status of an expression of art in another phase of law. It has always related to the defendant and "generally to the character of his acts, e.g., that a tort was not malicious." SEDGWICK ON DAMAGES (8th ed.) Sec. 204: "Avoidable consequences," on the other hand, refers to a plaintiff's conduct. Preemption of a description for a pattern of fact should preclude other uses of it, if the law is to develop a scientific language. Loose language so often betrays loose thinking and, its corollary, logically incongruous results. Cf. WILLISTON, CONTRACTS, Vol. 3, Sec. 1359, p. 2426, where he recognizes this confuced nomenclature. Then compare the headings of some of the subsequent sections with this classification. They seem inconsistent. 2. WILLISTON, CONTRACTS, Vol. 3, Sec. 1353. "The principle has wide appli-
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