Jurisdiction(s):
United Kingdom

Key definition

Mitigation definition

What does Mitigation mean? Mitigation describes the reasonable steps a claimant is expected to take, after a breach of contract or a tort (delict in Scotland), to avoid or reduce loss and to give credit for any benefits obtained. Often called the duty to mitigate loss, it is a case law principle applied when quantifying damages, not usually defined by statute, and is used consistently across England and Wales, Scotland, Northern Ireland and Ireland. It is relevant across commercial, employment and personal injury claims. The standard is reasonableness, judged prospectively. A claimant need not incur disproportionate expense, take undue risk, or accept...

Mitigation of Loss in Civil Claims: Reasonableness, Burden of Proof, Causation, Avoided Loss and Collateral Benefits, Pleading Standards, Correct Party, Timing and Tax

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Practice notes

Mitigation applies to all Damages claims

The notion that a claimant should mitigate their loss applies to every civil claim for damages, whether brought in contract, tort, or other recognised circumstances, although much of the case law on mitigation has arisen from contractual disputes. Consequently, even once Causation and Remoteness are established—subjects covered in practice notes on contractual breach, and on tort and negligence—the amount recoverable may still be affected if the claimant has not mitigated their loss. In essence, the innocent party cannot obtain damages for loss they could have avoided but did not, whether through unreasonable conduct or by failing to act. The key issue in mitigation is which steps it was reasonable, and which it was not, for the claimant to take. This is often referred to as the duty to mitigate or the rule on mitigation.

What is the rule on mitigation?

The rule on mitigation comprises three distinct components:

The innocent party should take all reasonable measures to lessen their loss...

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Web page updated on 21/05/2026

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