When a person is injured by the negligence of another, he must mitigate his damages as far as is practicable by the use of ordinary care and diligence. However, this duty to mitigate does not apply in cases of positive and continuous torts.
History. Civil Code 1895, § 3802; Civil Code 1910, § 4398; Code 1933, § 105-2014.
History of Code section.
The language of this Code section is derived in part from the decisions in Athens Mfg. Co. v. Rucker, 80 Ga. 291 , 4 S.E. 885 (1887); Satterfield v. Rowan, 83 Ga. 187 , 9 S.E. 677 (1889); Western Union Tel. Co. v. Reid Bros., 83 Ga. 401 , 10 S.E. 919 (1889); and Georgia R.R. & Banking Co. v. Eskew, 86 Ga. 641 , 12 S.E. 1061 (1891).
Law reviews.
For annual survey of wills, trusts, guardianships, and fiduciary administration, see 58 Mercer L. Rev. 423 (2006).
Structure Georgia Code
Article 1 - General Provisions
§ 51-12-1. Types of Damages; Evidence Admissible in Actions Involving Special Damages
§ 51-12-2. General and Special Damages Distinguished; When Recovered
§ 51-12-3. Direct and Consequential Damages Distinguished
§ 51-12-4. Damages Given as Compensation for Injury; Measure of Damages Generally; Nominal Damages
§ 51-12-5. Additional Damages for Aggravating Circumstances
§ 51-12-6. Damages for Injury to Peace, Happiness, or Feelings
§ 51-12-7. Recovery of Necessary Expenses
§ 51-12-8. When Damage Too Remote for Recovery Generally
§ 51-12-9. How Remoteness Ascertained
§ 51-12-10. Exception to Rule Against Recovery of Remote Damages
§ 51-12-11. Mitigation of Damages Required; Exception
§ 51-12-12. Court Interference With Jury Verdict as to Damages
§ 51-12-13. Reduction of Expenses, Wages, and Other Damages to Present Value