The Rule of “Mitigation”, Conditions and Limitations
Ebrahim Shoarian & Yousef Molayi
Journal Of Private Law Research, Allameh Tabataba'I University, Volume 1, Issue 3, Winter 2013, Pages 35-64.
The rule of “Mitigation of Damages” is among the pivotal principles prevailing the reparation process, based on which the injured party bears an obligation to take any reasonable course of action to minimize damages being incurred and to avoid their expansions ; otherwise, he may not be found entitled to a full compensation. Even though, the principle is only moderately addressed, besides Islamic jurisprudence by some local laws and regulations, no independent research has yet been conducted on the subject. The article shall note that such duty of the injured party is not strictly unlimited , meaning that for it to arise, certain conditions must genuinely exist .Further ,there may be objective obstacles which may negate the injured party’s obligation to mitigate damages being incurred. In a comparative approach and by making reference to various International instruments including in particular the laws of England as the main origin of the mitigation rule, this article shall discuss the conditions and impediments in line with effectuation of the said principle.