Remedies (OCR A-Level Law): Flashcards
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Practise the cards
10 cards from this deck
Definition of mitigation of loss in tort law
Definition of mitigation of loss in tort law
Taking reasonable steps to minimize losses from defendant's tort
Liability for losses from unreasonable failure to mitigate
Liability for losses from unreasonable failure to mitigate
Defendant not liable for such losses
Standard claimants must meet when mitigating loss
Standard claimants must meet when mitigating loss
Only what is reasonable in the circumstances
Who bears burden of proof in mitigation disputes?
Who bears burden of proof in mitigation disputes?
The defendant (not the claimant)
What must defendant prove about claimant's mitigation?
What must defendant prove about claimant's mitigation?
Reasonable steps available, not taken, failure unreasonable
Reasonable transport cost for hospital trips after injury
Reasonable transport cost for hospital trips after injury
Taxi fares
Unreasonable transport cost for hospital trips after injury
Unreasonable transport cost for hospital trips after injury
Limousine costs
Are claimants expected to mitigate perfectly?
Are claimants expected to mitigate perfectly?
No, courts do not expect perfection from claimants
How is reasonableness assessed in mitigation?
How is reasonableness assessed in mitigation?
Objectively based on circumstances of the case
What losses are recoverable after duty to mitigate?
What losses are recoverable after duty to mitigate?
Losses that could not reasonably have been avoided