04-07-2021, 10:25 AM
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Peter Spaeth
Member
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Join Date: Apr 2009
Posts: 33,750
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Quote:
Originally Posted by Rhotchkiss
Peter, I am not sure the duty to mitigate would/should apply when doing so could cause a relative fraud or injustice on the purchasing party. The card is tampered. Even if that is disclosed, the buyer may not understand the true import or my get buyer’s remorse, etc. I would argue there is no duty to mitigate when doing so could cause an injustice to the next buyer/owner.
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Fine, cite me a case.  
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