During a civil trial for breach of contract, the defendant requests that the jury be instructed on the doctrine of mitigation of damages. The plaintiff objects, arguing that the evidence presented does not support this doctrine. How should the court respond to the defendant's request?
Grant the request and include the requested instruction based on the evidence presented.
Postpone the decision on the jury instruction until after the trial concludes.
Evaluate whether the evidence supports the doctrine of mitigation of damages and grant the instruction if it does.
Deny the request because of the plaintiff's objection.
The court should evaluate whether the evidence supports the doctrine of mitigation of damages and grant the instruction if it does. This ensures that jury instructions are relevant and based on the case's factual record. The other options either ignore the evidence or improperly defer the decision, which could compromise the fairness of the trial.
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How does the court decide if the jury should receive an instruction on mitigation of damages?