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George v. School District No. 8R

Oregon Court of Appeals

490 P.2d 1009 (1971)

Relevant factsFree

Robert George (plaintiff) taught and coached football for School District 8R (defendant) under a three-year contract until the District fired him from coaching and then treated his insistence on his contractual coaching pay as a rejection of his teaching contract, filling his position. George sued for breach of contract and specific performance (reinstatement), working as a substitute teacher at Reedsport while the case proceeded and declining Reedsport's offer of a full-time position to preserve his chance at reinstatement. The trial court found the District breached the contract, ordered reinstatement for the contract's third year, and awarded damages for the lost second year based on the gap between his contract salary and his substitute earnings; the District appealed.

IssueFree

Whether the non-breaching party to a contract must take unduly risky steps to mitigate the damages caused by the other party's breach.

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