THE PHILOSOPHY OF THE DOCTRINE OF MITIGATION

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DARABPOUR MEHRAB; GHANIZADEH BAFGHI MARYAM

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Journal: Legal Research Year:2012 | Volume:- | Issue:57 Page(s): 451-494

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Information Journal Paper

Title

THE PHILOSOPHY OF THE DOCTRINE OF MITIGATION

Author(s)

DARABPOUR MEHRAB | GHANIZADEH BAFGHI MARYAM | Issue Writer Certificate

Keywords

DOCTRINE OF MITIGATIONQ2

PHILOSOPHYQ2

DAMAGESQ2

ECONOMIC THEORY OF LAWQ2

AGGRIEVED PARTYQ3

REDUCTIONQ2

WELFARISMQ2

AGGREGATIONISMQ2

CONSEQUENTIALISMQ1

Abstract

It is well established that, according to the DOCTRINE OF MITIGATION of DAMAGES, a party who relies on a breach of contract, must take such measures as are reasonable in the circumstances to mitigate the loss, including any loss of profit, resulting from the breach. If he fails to take such measures, the party in breach may claim a REDUCTION in the DAMAGES to the amount by which the loss should have been mitigated. That is to say, the breaching party is not liable for harm suffered by the AGGRIEVED PARTY to the extent that the harm could have been reduced by the latter party's taking reasonable steps. The AGGRIEVED PARTY is entitled to recover any expenses reasonably incurred in attempting to reduce the harm. In this article, the PHILOSOPHY of the above doctrine is addressed. It is argued that the doctrine is acceptable to almost all schools of thought or, at least, not rejected by them. However, it is more acceptable to the ECONOMIC THEORY OF LAW, which takes into account, CONSEQUENTIALISM, WELFARISM and aggregation ism. Therefore, it is submitted that the DOCTRINE OF MITIGATION of DAMAGES is useful to be expressly accepted into the Iranian legal system.

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APA: Copy

DARABPOUR, MEHRAB, & GHANIZADEH BAFGHI, MARYAM. (2012). THE PHILOSOPHY OF THE DOCTRINE OF MITIGATION. REVUE DE RECHERCHE JURIDIQUE, -(57), 451-494. SID. https://sid.ir/paper/91819/en

Vancouver: Copy

DARABPOUR MEHRAB, GHANIZADEH BAFGHI MARYAM. THE PHILOSOPHY OF THE DOCTRINE OF MITIGATION. REVUE DE RECHERCHE JURIDIQUE[Internet]. 2012;-(57):451-494. Available from: https://sid.ir/paper/91819/en

IEEE: Copy

MEHRAB DARABPOUR, and MARYAM GHANIZADEH BAFGHI, “THE PHILOSOPHY OF THE DOCTRINE OF MITIGATION,” REVUE DE RECHERCHE JURIDIQUE, vol. -, no. 57, pp. 451–494, 2012, [Online]. Available: https://sid.ir/paper/91819/en

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