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Gale Encyclopedia of American Law Volume 1 P48 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 458 AVOIDANCE applicability of this rule is whether the employment or services of the plaintiff were personal in nature. The rule is not applicable in contracts that do not require all or a significant portion of the plaintiff s time or those that do not preclude the plaintiff from becoming engaged in simultaneous performance of other contracts. Torts A party who suffers a personal injury is required to exercise ordinary care and perseverance to find a cure thereby reducing the damages to the most practicable extent. Such an individual should seek reasonable medical care if so required by the injury. It is not necessary for the person to undergo excessivelypainful treatment or that which involves a significant hazard of death or injury or offers a mere possibility of a cure. The pain inherent in the necessary medical care and treatment maybe taken into consideration in assessing whether the plaintiff acted reasonably in declining to submit to it. Although submission to treatment is not a prerequisite to an award of damages recovery cannot be obtained for increased damages that stem from the failure to submit to necessary medical treatment. Conversely the mere fact that medical attention was not sought immediately or at all will not proscribe an award of damages where the circumstances did not reasonably indicate that medical aid and attention was necessary. In addition an injured party has no absolute duty to subscribe to a physician s advice to mitigate damages. The party might however under some circumstances be under an obligation to exercise ordinary care in following such advice. CROSS REFERENCE Mitigation of Damages. AVOIDANCE An escape from the consequences of a specific course of action through the use of legally acceptable means. Cancellation the act of rendering something useless or legally ineffective. A taxpayer may take all legally recognized deductions in order to minimize the income tax liability. This conduct is called tax avoidance and is legal. if
