THE BASIS OF MITIGATION OF DAMAGE PRINCIPLE: A COMPARATIVE STUDY

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SHOARIAN EBRAHIM; MOLAEI YOUSEF

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Journal: JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW Year:2011 | Volume:1 | Issue:2 Page(s): 131-155

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Information Journal Paper

Title

THE BASIS OF MITIGATION OF DAMAGE PRINCIPLE: A COMPARATIVE STUDY

Author(s)

SHOARIAN EBRAHIM | MOLAEI YOUSEF | Issue Writer Certificate

Keywords

CAUSAL LINKQ2

GOOD FAITHQ2

IGDAM RULEQ2

FORESEEABILITY OF DAMAGEQ2

ECONOMIC BASISQ3

Abstract

Under mitigation of damage principle, the injured party must act reasonably to reduce damages; the extent of expected care is the act of a reasonable person at the same conditions and circumstances. Breach of such duty does not cause liability, but reduces the amount of recoverable damage. This principle is applicable both in contractual liability and torts.There are various viewpoints about basis of mitigation rule.Authors and courts suggested some opinions in this matter such as, CAUSAL LINK, contributory negligence, FORESEEABILITY OF DAMAGEs theory, GOOD FAITH principle and ECONOMIC BASIS.In Islamic law, the rule of Igdam, which is another feature of CAUSAL LINK, is considered as a basis of mitigation of damage principle. This article examines these fundamentals in Iranian and comparative law.

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APA: Copy

SHOARIAN, EBRAHIM, & MOLAEI, YOUSEF. (2011). THE BASIS OF MITIGATION OF DAMAGE PRINCIPLE: A COMPARATIVE STUDY. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, 1(2), 131-155. SID. https://sid.ir/paper/207138/en

Vancouver: Copy

SHOARIAN EBRAHIM, MOLAEI YOUSEF. THE BASIS OF MITIGATION OF DAMAGE PRINCIPLE: A COMPARATIVE STUDY. JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW[Internet]. 2011;1(2):131-155. Available from: https://sid.ir/paper/207138/en

IEEE: Copy

EBRAHIM SHOARIAN, and YOUSEF MOLAEI, “THE BASIS OF MITIGATION OF DAMAGE PRINCIPLE: A COMPARATIVE STUDY,” JOURNAL OF JURISPRUDENCE AND ISLAMIC LAW, vol. 1, no. 2, pp. 131–155, 2011, [Online]. Available: https://sid.ir/paper/207138/en

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