Mitigation of Loss

Question 1

What does the mitigation of loss rule mean?

Answer 1

Following a breach, the injured party should, as best as possible, try to lessen any actual or potential loss - Pilkington v Wood

Question 2

What is the basic principle?

Answer 2

Injured party must act reasonably in relation to the breach.

Question 3

Will the courts expect the injured party to take unreasonable steps?

Answer 3

No

Question 4

Who has to prove that the claimant failed to follow a reasonable path to mitigate loss?

Answer 4

Defendant.

Question 5

Pilkington v Wood

Answer 5

Sued solicitor for negligent advice buying house. Court said duty to mitigate did not require complicated and difficult action.