best
judgment assessment of damages were permissible in cases where damages
were to be awarded and that calculation of damages with mathematical
precision ... principle that a person must do what he can to mitigate damages
applies to a contract of service just as it applies to an ordinary
duty of the
Landlord to show how they could have mitigated their damages by
indication of another lessee for the whole of the unexpired period ... learned Single Judge held that on this point on
15
the mitigation of damages, the impugned award was against the substantive
law of India
liquidated amount payable in case of breach by the lessor.
Damages - Mitigation
Now, I come to the last part of the dispute involved. It relates ... were
unable to establish how they had discharged their duty of mitigating
damages.
Thereafter, the learned Arbitrator proceeded to assess the damages. He
noted that
first defendant's money blocked without
requiring the plaintiff to mitigate the damages.
The first defendant raises a more fundamental issue. It says that ... obligation to establish what the plaintiff could have done
to mitigate its damages and the consequential reduction, if at all, of the first
defendant
been settled that a defendant can, in mitigation of damages, give evidence of the plaintiff's bad character, but that evidence of rumours
suit urged before me, was that there was no evidence of mitigation of damages. In question 65 the plaintiff has said that ... principle that a person must do what he can to mitigate damages applies to a contract of service just as it applies to an ordinary
full price of the goods manufactured without any claim for mitigation of damages. If. on the other hand, it is found that rejection was valid ... would be entitled to the price subject to the right of mitigation of damages. Looking at it from either point of view in equity
employment. The difficult question is whether the plaintiff was bound to mitigate the damages by accepting the defendant company's offer at a salary ... speculative nature. But in my opinion, the plaintiff cannot decline to mitigate his damages on the ground that, owing to his own conduct
failing to dispose of the materials as scrap has failed to
mitigate the damages. It is incumbent upon the claimant in the said proceeding ... argument made on behalf of the
claimant with regard to the mitigation of damages and the several decisions cited
before the Umpire, namely
shares. The defendant also
contends that the plaintiff was obliged to mitigate its damages under
Section 73 of the Indian Contract Act, 1862.
The issues ... suit for damages on breach of contract from claiming any damages
which is due to his neglect to take steps to mitigate the losses
