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as a result of a breach of contract has a duty to mitigate those damages, that is to say that the wrongdoer cannot be called upon to pay for avoidable losses which would result in an increase in the quantum of damages payable to the injured party." The onus on showing a failure to mitigate damages is
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to distinguish between effects on the claimant's financial position which are to be regarded as caused by the defendant's breach of contract and for which damages can therefore be recovered and effects which are attributed to the claimant's own action or inaction in response to the breach and for
114:: however, the landlord must mitigate damages by making a reasonable attempt to find a replacement tenant for the remainder of the year. The landlord may not simply let the house lie empty for eleven months and then sue the tenant for eleven months' rent.
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to mitigate loss. Rather, the principle is that "damages will be limited by an assumption that has taken reasonable steps in mitigation of loss", regardless of whether they have not in fact taken such steps. Even where
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was justified in rejecting the supplier's proposed mitigation when the supplier had "only an unclear offer to modify the product without specifying "the exact extent" to which the truck was to be modified.
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For example, consider a tenant who signs an agreement to rent a house for a year, but moves out (and stops paying rent) after only one month. The landlord may be able to sue the tenant for
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121:(ACT) provides that mitigation of damages for the publication of defamatory matter may result from any apology made by a defendant and any correction published (
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The actions of the defendant may also result in the mitigation of damages which would otherwise have been due to the successful plaintiff. For example, the
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which had been ordered for its planes. In this case the airline had a number of alternative means of mitigating its loss.
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Airways International Public Company Ltd v KI Holdings Co Ltd. & Anor (2015), EWHC 1250 (Comm) (11 May 2015)
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Claimant Acted
Reasonably in Rejecting Supplier’s Proposal to Modify Faulty Product
197:, Shepherd and Wedderburn LLP, published 11 February 2016, accessed 16 January 2021
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speaks of a "duty to mitigate", the duty has been cited as "not a demanding one".
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213:(2010) EWCA Civ 20 (26 January 2010), paragraph 72, accessed 29 September 2022
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describes the "function of the doctrine of mitigation" as enabling the law
144:(2015), a number of mitigating actions are listed which had been taken by
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Thai
Airways International Public Company Ltd v KI Holdings Co Ltd.
256:, Carson McDowell, published 27 August 2013, accessed 1 June 2021
231:"mitigation of damage" in Trischa Mann and Audrey Blunden (eds)
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20:
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The issue of what is reasonable is especially contentious in
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is the principle that a party who has suffered loss (from a
132:(appeal judgment in 2013), the hirer of an unsuitably wide
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refuses medical advice. This can be seen in cases such as
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Lombard North
Central Plc v Automobile World (UK) Ltd.
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Manton Hire & Sales Ltd v Ash Manor Cheese Co Ltd.
39:, "It is well established that a party who suffers
180:England and Wales High Court (Commercial Court),
148:in response to a supplier's failure to deliver
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269:, published 9 June 2015, accessed 12 May 2021
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267:Mitigating loss: Get the balance right
195:Is "duty to mitigate loss" a misnomer?
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37:Redpath Industries Ltd. v. Cisco (The)
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57:which the defendant is not liable.
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235:(2010, Oxford University Press,
33:Canadian Federal Court of Appeal
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61:Iain Drummond notes that in
119:Civil Law (Wrongs) Act 2002
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233:Australian Law Dictionary
168:1993 CanLII 3025 (F.C.A.)
222:1985 CanLII 62 (S.C.C.)
303:Civil law (common law)
184:, accessed 12 May 2015
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112:breach of contract
88:Janiak v. Ippolito
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298:Legal terminology
283:Mitigating factor
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63:English law
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17:Mitigation
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277:See also
106:Examples
72:case law
123:s. 139I
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44:on the
41:damages
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207:Rix LJ
237:ISBN
94:The
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