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Restitution damages are often calculated before contracts are signed and are clearly stated within a contract. Which of the following statements is not true?
Correct Answer: D
"restitution damages cannot be mitigated by the actions of the innocent party" is the untrue state-ment out of these four. The general principle of Restitution Damages is that the innocent party is expected to be proactive in mitigating the consequences of any breach and should not allow costs to spiral out of control. See p. 124