Mitigation of damages is a contract law concept that arises if a contract is breached. It means that the non-breaching party to a contract may be required to take steps to minimize their losses after the other party breaches the contract. Despite doing nothing wrong, a non-breaching party may have an obligation to not only avoid further loss.. The Court of Appeal has issued significant guidance on a plaintiff's duty to mitigate his losses. A plaintiff who refuses a reasonable offer which would have the effect of avoiding unnecessary losses proceeds at considerable risk.. Later judgments awarded damages for loss of profits to some of the 30 bookmakers who sued. 3. The Court of.
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In a personal injury lawsuit, the duty to mitigate damages is an affirmative defense for the defendant. That means the defendant bears the burden of proving that the plaintiff didn't take reasonable steps to reduce the impact of their injury. An affirmative defense argues that, even if the plaintiff's assertions are true, other facts or legal.. This is called the duty to mitigate loss. In the contract example, by contracting with another supplier, you will effectively lose £25,000. However, you can claim this difference from the initial supplier because their breach resulted in you paying more. Likewise, in the tort example, you may have to pay £10,000 to fix the consequences of.
