| Commentary

146 Duty to mitigate

| Commentary

146 Duty to mitigate

The doctrine of mitigation imposes on a claimant the duty of taking all reasonable steps to mitigate the loss consequent on the defendant’s breach of contract, and debars him from claiming any part of the damage which is due to his neglect to take such steps1. Thus, where an employer claims against a contractor for the cost of repairing defective work, damages normally reflect the cost of repairs at the date when they ought reasonably to have been put in hand2. So too, where the employer unreasonably refuses to allow the contractor to rectify defects in

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