Naresh Kumar Tyagi vs Ricoh India Limited on 6 February, 2012
IN THE COURT OF
grant damages as claimed in as
much as the principle of mitigation
of damages squarely applies. As
per this principle of mitigation of
damages enrished ... full term of the
contract, subject of course to
mitigation of damages by way of
seeking alternative employment."
11. Thus the following conclusion
emerge
also noted that the Doctrine of
Unavoidable Consequence or Mitigation of Damages is
applicable in cases of un-liquidated damages....
13. A person therefore, must ... debt or liquidated damages:
(i) Whether a particular clause about pre-determined liquidated
damages represents genuine covenanted pre-estimate of damages
possible to grant damages as claimed inasmuch as the
principle of mitigation of damages squarely applies. As per this
principle of mitigation of damages enshrined ... full term of the contract, subject of course to mitigation
of damages by way of seeking alternative employment."
8. A reference to the evidence
possible to grant damages as
claimed inasmuch as the principle of mitigation of damages squarely
applies. As per this principle of mitigation of damages enshrined ... full term of the contract, subject of
course to mitigation of damages by way of seeking alternative
employment."
xxxx xxxx xxxx xxxx
9. Surely
full term of the contract, subject of course
to mitigation of damages by way of seeking alternative
employment.
Such damages would be recoverable ... such attempt
having been made by the plaintiff to mitigate her damages either by exploring
alternative avenues of employment or by trying to take home
terminate the licence under Clause 14.2 as a measure of
mitigating damages under Section 73 of the Contract Act and
take over the work ... commission the
service by 12th December 1996 by way of mitigating the damages under
Section 73 of the CA. Issue No. 9 was decided against
been prevented from continuing to
act. While discussing the aspect of mitigation of damages, it has,
thus, been observed that since a professional ... contract and, thus, this aspect would not go in
mitigation of damages.
23. In G.T. Gajria‟s Law Relating to Building and Engineering
Contracts
clear that the plaintiff is only
entitled to reasonable damages for any loss or damages caused
to him for the breach of contract, which naturally ... damages i.e the plaintiff
should take all the steps to mitigate damages which the other
party had deprived it.
The leading English case
whether the claimant is entitled to claim damages
under the general law of damages as claimed in the Rejoinder to
the Statement of claim ... invite the Respondent to
participate in the risk purchase to mitigate the damages allegedly
incurred by the claimant?
8. Whether the claimant is entitled