PJC Business

PJC 115.25

D AMAGES

PJC 115.25 Defensive Instruction on Mitigation—Breach of Employment Agreement Damages Do not include in your answer any amount that you find Paul Payne could have earned by exercising reasonable diligence in seeking other employment. COMMENT When to use. PJC 115.25 should be included with the damages question (see PJC 115.3) if the evidence raises a question about the employee’s failure to mitigate dam ages after the employer’s actionable conduct. Gulf Consolidated International, Inc. v. Murphy , 658 S.W.2d 565, 566 (Tex. 1983). The general rules concerning mitigation found at the Comment to PJC 115.8 are also applicable to mitigation in employment contracts. Source of instruction. PJC 115.25 is derived from Gulf Consolidated Interna tional, Inc. , 658 S.W.2d at 566, and Lee-Wright, Inc. v. Hall , 840 S.W.2d 572, 581 (Tex. App.—Houston [1st Dist.] 1992, no writ). See also PJC 115.8.

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