Polish translation: przekonany w stopniu wystarczającym/zadowalającym
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English to Polish translations [PRO] Law/Patents - Insurance
English term or phrase:reasonably satisfied
Mitigation of Loss
Where the Insured first makes a determination during the Policy Period or Discovery Period if applicable that it has potentially committed a Wrongful Act or Privacy Breach that are requiring remediation or mitigation, the Insurer will pay the reasonable and direct cost of any remediation or mitigation, provided that:
the Insurer shall be reasonably satisfied that the Insured has committed a Wrongful Act or that a Privacy Breach has occurred requiring remediation or mitigation and that such costs are necessary to prevent or reduce the amount of Loss covered under 1.1 Professional Liability Insuring Clause or associated with a Privacy Breach and that the amount of Loss (covered under this policy) prevented or reduced would be greater than the cost of the work;
Ubezpieczyciel będzie zadowolony, że Ubezpieczony popełnił czyn niedozwolony???
Reference information: Mitigation in law is the principle that a party who has suffered loss (from a tort or breach of contract) has to take reasonable action to minimize the amount of the loss suffered. As stated by the Canadian Federal Court of Appeal in Redpath Industries Ltd. v. Cisco (The), "It is well established that a party who suffers damages as a result of a breach of contract has a duty to mitigate those damages, that is to say that the wrongdoer cannot be called upon to pay for avoidable losses which would result in an increase in the quantum of damages payable to the injured party." The onus on showing a failure to mitigate damages is on the defendant.
For example, consider a tenant who signs an agreement to rent a house for a year, but moves out (and stops paying rent) after only one month. The landlord may be able to sue the tenant for breach of contract: however the landlord must mitigate damages by making a reasonable attempt to find a replacement tenant for the remainder of the year. The landlord may not simply let the house lie empty for eleven months and then sue the tenant for eleven months' rent.
Mitigation of Damages
The use of reasonable care and diligence in an effort to minimize or avoid injury.
Under the mitigation of damages doctrine, a person who has suffered an injury or loss should take reasonable action, where possible, to avoid additional injury or loss. The failure of a plaintiff to take protective steps after suffering an injury or loss can reduce the amount of the plaintiff's recovery. The mitigation of damages doctrine is sometimes called minimization of damages or the doctrine of Avoidable Consequences.
A person who claims damages as a result of another's negligence or breach of contract has a duty under the law to "mitigate" those damages, so that they must take advantage of any reasonable opportunity under the circumstances to reduce or minimize the loss or damage.