Mitigation of Loss Flashcards
1
Q
What does the mitigation of loss rule mean?
A
Following a breach, the injured party should, as best as possible, try to lessen any actual or potential loss - Pilkington v Wood
2
Q
What is the basic principle?
A
Injured party must act reasonably in relation to the breach.
3
Q
Will the courts expect the injured party to take unreasonable steps?
A
No
4
Q
Who has to prove that the claimant failed to follow a reasonable path to mitigate loss?
A
Defendant.
5
Q
Pilkington v Wood
A
Sued solicitor for negligent advice buying house. Court said duty to mitigate did not require complicated and difficult action.
