Mitigation in the Law of Damages

The law of mitigation determines how a claimant''s own response to a breach affects the damages they can recover. It responds to the basic accusation: ''although I did wrong, you made things worse''. Mitigation applies to all claims for compensation, regardless of the claimant''s cause of action and irrespective of the defendant''s level of fault. It is amongst the most litigated doctrines in priv...