Texas Civil Practice And Remedies Code § 147.123 Mitigation Of Damages

Sec. 147.123. MITIGATION OF DAMAGES. (a) In an action to which Chapter 33 applies, the court shall instruct the finder of fact regarding the determination of responsibility pursuant to Section 33.003 using the appropriate approved pattern jury charge which may be modified by the court as appropriate to the circumstances.

(b) In all actions not governed by Subsection (a), the court shall instruct the finder of fact regarding a claimant's duty to mitigate or avoid damages in a manner appropriate to the action using the appropriate approved pattern jury charge which may be modified by the court as appropriate to the circumstances.

Added by Acts 1999, 76th Leg., ch. 128, Sec. 2, eff. May 19, 1999.

Section: Previous  147.041  147.042  147.043  147.044  147.045  147.046  147.047  147.048  147.081  147.082  147.083  147.084  147.085  147.121  147.122

Last modified: September 28, 2016