THE DUTY OF AGGRIEVED PARTY IN MINIMISING THE DAMAGE WITH EMPHASIS ON BRITISH AND AMERICAN LAW

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SADAT AKHAVI S.M.; KASHANI M.

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Journal: Year:2001 | Volume:17 | Issue:1 (33) Page(s): 56-68

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Title

THE DUTY OF AGGRIEVED PARTY IN MINIMISING THE DAMAGE WITH EMPHASIS ON BRITISH AND AMERICAN LAW

Author(s)

SADAT AKHAVI S.M. | KASHANI M. | Issue Writer Certificate

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Abstract

In common law the duty of an aggrieved party to minimize the loss, is a well known role used as a defense in tort cases by the defendant. It dictates a person who suffered through breach of contract or tortuous act committed by the other, has a duty to avoid the loss or its consequences. If the defendant therefore, succeeds to prove any failure on the part of the plaintiff, he will, then, be acquitted from liability for avoidable losses. The attempt, in the present article is to, by explaining the concept and theoretical bases, prove the fact that where militating against losses is subject to the fulfillment of the obligation owed by another party, it depends on a pre-necessary role. The latter is specific performance in Iranian law and the necessity of recovering damages as sanction for breach of contract in common law. In other words, the above said precursory role shows different approaches on reasonable conduct of the plaintiff in the two different legal systems with no harm to the necessity of demonstrating a reasonable behavior on his part.

Cites

ECONOMIC ANALYZE OF SUBJECT TRANSACTION AND ITS EFFECTS ON THE SANCTION OF THE OBLIGATORY PERFORMANCES, TERMINATION AND CONTRACTUAL

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APA: Copy

SADAT AKHAVI, S.M., & KASHANI, M.. (2001). THE DUTY OF AGGRIEVED PARTY IN MINIMISING THE DAMAGE WITH EMPHASIS ON BRITISH AND AMERICAN LAW. JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY, 17(1 (33)), 56-68. SID. https://sid.ir/paper/13312/en

Vancouver: Copy

SADAT AKHAVI S.M., KASHANI M.. THE DUTY OF AGGRIEVED PARTY IN MINIMISING THE DAMAGE WITH EMPHASIS ON BRITISH AND AMERICAN LAW. JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY[Internet]. 2001;17(1 (33)):56-68. Available from: https://sid.ir/paper/13312/en

IEEE: Copy

S.M. SADAT AKHAVI, and M. KASHANI, “THE DUTY OF AGGRIEVED PARTY IN MINIMISING THE DAMAGE WITH EMPHASIS ON BRITISH AND AMERICAN LAW,” JOURNAL OF SOCIAL SCIENCES AND HUMANITIES OF SHIRAZ UNIVERSITY, vol. 17, no. 1 (33), pp. 56–68, 2001, [Online]. Available: https://sid.ir/paper/13312/en

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