MITIGATION OF DAMAGES IN BREACH OF ENTERTAINMENT AND OTHER SERVICE CONTRACTS

Author: 

Elliot Axelrod

"One who commits a breach of contract must make reparation in the form of paying compensatory damages to the aggrieved party.  In determining the amount to be awarded, the aim is to put the aggrieved party in as good a position as that party would have been if performance had been rendered as promised.” “ It is also an almost inflexible proposition that a party who has been wronged by a breach of contract may not sit idly by and allow damages to accumulate, but rather must make reasonable efforts to minimize those damages”.  Although applications of the mitigation principle pervade the rules of contracts, it is unsettling to consider just how many issues and questions arise as to the precise efforts required by the mitigation duty. View More.