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Although the mitigation of a loss in a tort or breach of contract case is now the most litigated doctrine in private law it still lacks a sound theoretical basis on which to regularly apply the doctrine. This monograph is the first to analyse its history and development and make a case for its lasting importance in common law systems.
List of contents
- PART 1. ORTHODOXY
- 1: The Orthodox Account of Mitigation
- 2: The Avoidable Loss Rule
- 3: The Avoided Loss Rule
- 4: Flawed Explanations of Mitigation
- PART 2. EXPLANATION
- 5: Developing the Causal Explanation
- 6: Mitigation as Causation
- 7: Puzzles Resolved
- PART 3. RESTATEMENT
- 8: Avoidable Loss
- 9: Avoided Loss
- 10: The Market Rule
- 11: Relationship to Other Doctrines
- 12: Conclusion
About the author
Dr Andy Summers is an Associate Professor of Law at the London School of Economics & Political Science. Before joining LSE, he studied Law at Cambridge and Oxford, completing his doctorate on the law of mitigation at Corpus Christi College Oxford, under the supervision of James Edelman and Edwin Peel. Dr Summers has published articles in leading journals on several aspects of private law spanning contracts, torts, and trusts, with a particular focus on the law of damages. Within private law theory, his main research interests concern the legal concepts of loss and causation.
Summary
Although the mitigation of a loss in a tort or breach of contract case is now the most litigated doctrine in private law it still lacks a sound theoretical basis on which to regularly apply the doctrine. This monograph is the first to analyse its history and development and make a case for its lasting importance in common law systems.
