Duty to Mitigate in UK Law
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Dodd Properties (Kent) Ltd v Canterbury City Council
... ... not concerned with any suggestion that the plaintiffs were under a duty towards the defendants to repair the premises damaged by the defendants' ... , if not in theory, equated with a plaintiff's ordinary duty to mitigate his damages. Lord Wright in his speech in The Liesbosch (1933) AC at ... ...
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Smith New Court Securities Ltd v Scrimgeour Vickers (Asset Management) Ltd and Another
... ... 158 , strict though it is, still requires the plaintiff to mitigate his loss once he is aware of the fraud. So long as he is not aware of the fraud, no question of a duty to mitigate can arise. But once the fraud has been discovered, if the ... ...
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Lagden v O'Connor
... ... benefits obtained as a result of taking reasonable steps to mitigate loss need to be brought into account in the calculation of damages: see ... it is hard to reconcile with the principle that it is the claimant's duty to mitigate his loss, which should allow him to borrow money to do so; and ... ...
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Darbishire v Warran
... ... and not recoverable from the defendant having regard to the duty lying upon the plaintiff to mitigate his damages which in the ... ...
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Golden Strait Corporation v Nippon Yusen Kubishika Kaisha (the "Golden Victory")
... ... The first was whether the owners had failed to mitigate their loss by not accepting the charterers' offer of 7 February 2003 to ... The injured party owes no duty to the repudiator, but fairness requires that he should not ordinarily be ... ...
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Gunton v Richmond-upon-Thames London Borough Council
... ... damages he must show that he has taken reasonable steps to mitigate his loss. Indeed he has since his dismissal had other employments for ... anyone else claiming damages for breach of contract he is under a duty to take reasonable steps to minimise the loss he has suffered through the ... ...
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Geys v Societe Generale, London Branch
... ... In any event the court's duty, when confronted with two provisions in a contract that seem to be ... to a claim for damages and therefore be subject to his duty to mitigate them by taking all reasonable steps to find other work. This principle is ... ...
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Maredelanto Compania Naviera SA v Bergbau-Handel GmbH (The Mihalis Angelos)
... ... Again, if it is reasonable for him to take steps to mitigate his loss, he must do it. And so forth. In short, the Plaintiff must be ... of the contractual rights which he has thereby lost, subject to his duty to mitigate. If the contractual rights which he has lost were capable by ... ...
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White and Carter (Councils) Ltd v McGregor
... ... 40 The party complaining of the breach also has a duty to minimise the damage he has suffered, which is a further reason for ... he said, would be entitled to look at all that might "increase or mitigate the loss of the plaintiff down to the day of trial". There is no ... ...
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Sotiros Shipping Inc. v Sameiet Solholt
... ... the buyers' claim on the grounds that they had failed to mitigate their loss by negotiating a further contract for the purchase of the ... 7 A plaintiff is under no duty to mitigate his loss, despite the habitual use by the lawyers of the ... ...
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