Where one party has suffered loss resulting from the other party's breach of contract, the injured party should take 'reasonable steps' (British Westinghouse Electric and Manufacturing Co v Underground Electric Rail Co [1912] AC 673) to minimise the effect of the breach. Technically, there is no obligation to mitigate, but [...]. The innocent party cannot, therefore, claim to be compensated by the party in default for loss which is really due, not to the breach, but its own failure to behave reasonably after the breach.
Answer
losses attributable to a failure to do so are not recoverable
Tags
#contract #law #remedies
Question
Where one party has suffered loss resulting from the other party's breach of contract, the injured party should take 'reasonable steps' (British Westinghouse Electric and Manufacturing Co v Underground Electric Rail Co [1912] AC 673) to minimise the effect of the breach. Technically, there is no obligation to mitigate, but [...]. The innocent party cannot, therefore, claim to be compensated by the party in default for loss which is really due, not to the breach, but its own failure to behave reasonably after the breach.
Answer
?
Tags
#contract #law #remedies
Question
Where one party has suffered loss resulting from the other party's breach of contract, the injured party should take 'reasonable steps' (British Westinghouse Electric and Manufacturing Co v Underground Electric Rail Co [1912] AC 673) to minimise the effect of the breach. Technically, there is no obligation to mitigate, but [...]. The innocent party cannot, therefore, claim to be compensated by the party in default for loss which is really due, not to the breach, but its own failure to behave reasonably after the breach.
Answer
losses attributable to a failure to do so are not recoverable
If you want to change selection, open original toplevel document below and click on "Move attachment"
Parent (intermediate) annotation
Open it , the injured party should take 'reasonable steps' (British Westinghouse Electric and Manufacturing Co v Underground Electric Rail Co [1912] AC 673) to minimise the effect of the breach. Technically, there is no obligation to mitigate, but <span>losses attributable to a failure to do so are not recoverable. The innocent party cannot, therefore, claim to be compensated by the party in default for loss which is really due, not to the breach, but its own failure to behave reasonably after
Original toplevel document (pdf)
cannot see any pdfs
Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
repetition number in this series
0
memorised on
scheduled repetition
scheduled repetition interval
last repetition or drill
Details
No repetitions
Discussion
Do you want to join discussion? Click here to log in or create user.