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Legal Concepts4Copyright © 2013 Pearson Education, Inc.20) Mitigation of damages is a nonbreaching party's legal duty toward avoiding or reducingdamages caused by a breach of contract.
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- Jason (North Carolina) was alternating between playing Super Nintendo and Sega Genesis while flying his rocket pack. He got into an accident with Euripides (South Carolina), who was out hang gliding. When they collided, the Sega Genesis began leaking out acid which burned through the hang glider, causing Euripides to have to bail out. As soon as he landed, he contacted his lawyer and sued Jason for negligence and asserted $100,000 in damages. Jason impleaded McCollum Electronic Repairs, Inc., which has its principal place of business, and is incorporated in, South Carolina, under Rule 14. Jason claimed that in repairing his Sega Genesis, McCollum Electronic Repairs inserted acid into the console. Subsequently, Euripides amended his complaint to file a $50,000 negligence claim against McCollum Electronic Repairs, which then filed a motion to dismiss Euripides's claim against it. Under Kroger, what result?A.Granted because hearing the claim violates Article III §2.B.Denied because hearing the claim does not violate Article III §2.C.Granted because hearing the claim violates 28 U.S.C. §1332.D.Denied because it would be most efficient to hear all these related claims at once.