MITIGATION OF LOSS

1. Definition

Claimant must take reasonable steps to reduce losses caused by the tort; damages only cover unavoidable loss.

2. Principles:

C entitled to full compensation for actual loss but must act reasonably. Applies to personal injury, property damage, loss of earnings, healthcare costs.

3. Examples:

• Property: hiring unnecessary expensive replacement instead of reasonable alternative.

• Personal injury: refusing available medical treatment (Marcroft v Scruttons [1954]).

• Loss of earnings: partial work or lower-paid work during recovery deducted from damages.

• Healthcare: private treatment only if public services (e.g., NHS) insufficient or unavailable.