Ebrahim Shoarian; Yousef Molayi
Volume 1, Issue 3 , March 2013, , Pages 35-64
Abstract
The rule of “Mitigation of Damages” is among the pivotal principlesprevailing the reparation process, based on which the injured party bears anobligation to take any reasonable course of action to minimize damagesbeing incurred and to avoid their expansions ; otherwise, he may not befound ...
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The rule of “Mitigation of Damages” is among the pivotal principlesprevailing the reparation process, based on which the injured party bears anobligation to take any reasonable course of action to minimize damagesbeing incurred and to avoid their expansions ; otherwise, he may not befound entitled to a full compensation. Even though, the principle is onlymoderately addressed, besides Islamic jurisprudence by some local laws andregulations, no independent research has yet been conducted on the subject.The article shall note that such duty of the injured party is not strictlyunlimited , meaning that for it to arise, certain conditions must genuinelyexist .Further ,there may be objective obstacles which may negate the injuredparty’s obligation to mitigate damages being incurred. In a comparativeapproach and by making reference to various International instrumentsincluding in particular the laws of England as the main origin of themitigation rule, this article shall discuss the conditions and impediments inline with effectuation of the said principle.
