Duty to Mitigate in UK Law

  • The White & Carter Principle: A Restatement
    • No. 74-2, March 2011
    • The Modern Law Review
    This article reviews the English courts' approach to the controversial decision in White & Carter (Councils) Ltd v McGregor and suggests a systematic reformulation of the principle to be derived fr...
    ... ... of a‘legitimate interest’, namely , the adequacy of damages , the duty to mitigate and the concept of wholly unreasonable , are assessed and ... ...
  • Book Review: Dominic Roser and Christian Seidel, Climate Justice: An Introduction
    • No. 16-1, February 2018
    • Political Studies Review
    ... ... in the area of climate policy ... tion, ‘Do we have a duty to do anything at all in  ... The book is suitable for introductory  ... environmental ethics and environmental eco- ... duty to mitigate climate change and refute the  ... nomics, as well as for a broader ... ...
  • NEW ANGLES IN THE ETERNAL HIRE‐PURCHASE TRIANGLE
    • No. 25-1, January 1962
    • The Modern Law Review
    ... ... amounted to a failure to take reasonable steps to mitigate the loss and damage occasioned to them by reason of the ... for any loss resulting from his failure to discharge this duty. The duty to mitigate is confined to such action as a reasonable ... ...
  • The Climate Duties of Sub-National Political Communities
    • No. 68-1, February 2020
    • Political Studies
    In recent years, several actors at the sub-national level (e.g. California, British Columbia, New York City) have taken unilateral steps to mitigate climate change by reducing their emissions. Thes...
    ... ... , British Columbia, New York City) have taken unilateral steps to mitigate climate change by reducing their emissions. These developments have ... cases in which the failure of some collective agent to discharge some duty to which it is subject entails duties for the sub-collectives of which it ... ...
  • Glossary
    • Preliminary Sections
    • Small Claims Procedure in the County Court A Practical Guide - Seventh edition
    • Patricia Pearl/Tim Parker
    • 25-32
    ... ... Mitigation An injured party has a duty to mitigate – that is, to take reasonable steps to alleviate or limit ... ...
  • Seat Belts And Crash Helmets
    • No. 37-3, May 1974
    • The Modern Law Review
    ... ... , however, be regarded as a neglected opportunity to mitigate damage ? McGregor 32 states flatly that " A plaintiff need ... 35 In those cases the action postulated by the alleged duty to mitigate would have been different from and inconsistent ... ...
  • The Law Reform Act 1945 and Breaches of Contract
    • No. 53-2, March 1990
    • The Modern Law Review
    ... ... (or its equivalent) but does not correspond to a common law duty to take care which would exist in the given case independently ... of classes of contract, the injured party is under a duty to mitigate any loss caused to him, is well settled.35 This provides the court ... ...
  • Interpreting Section 36 of the Electricity Act 1989: Has Clarity Been Restored?
    • No. , January 2015
    • Edinburgh Law Review
    • 124-129
    ... ... 10MW (“relevant proposals”), and to do what they can to mitigate the effects of their proposals on them. The Scottish Ministers must also ... to these matters and to the extent to which those subject to the duty to mitigate the effects of their proposals have complied with it when they ... ...
  • When an Order for Specific Performance Fails
    • No. 42-6, November 1979
    • The Modern Law Review
    ... ... F. Libling, “Inflation and the Duty to Mitigate” (1979) 95 L.Q.R. 270, 271-278. However, the ... ...
  • LAW MAKING IN THE INDUSTRIAL COURT
    • No. 37-1, January 1974
    • The Modern Law Review
    ... ... it into a right to damages, which would be subject to the duty to mitigate losses. However, it was not clear whether this ... ...
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