“Benefit Rule” In Mitigation Of Damages

  • “Benefit Rule”: “Where the defendant’s tortious conduct has caused harm to the plaintiff or to his property and in so doing has conferred upon the plaintiff a special benefit to the interest which was harmed, the value of the benefit conferred is considered in mitigation of damages, where this is equitable.” RESTATEMENT (SECOND) OF TORTS 920 (1979); accord Lee v. Lee, 47 S.W.3d 767, 777 (Tex. App.—Houston [14th Dist.] 2001, pet. denied).

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