Quote:
Originally Posted by steve B
I look at that the same way I looked at my employer telling me to simply palm the fake 10 I'd taken off on someone else. (I covered the 10 and kept it. )
Can a duty to mitigate be a defense for fraud? I'm thinking no, but stuff can be weird....
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No, it's applicable to a contract claim. But a claim based on the guarantee would not be a fraud claim. Although now that I think about it, the way it's worded, I don't think there would be a duty to mitigate.