Mitigation and contributory negligence

Overview

Failure to mitigate, contributory negligence and position before that Act.

What you need to know

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Questions from this subtopic

Each one with the model answer underneath.

1. 1

   What must a claimant in tort do to limit their own loss?

   Model answer

   Take reasonable steps to reduce it, since loss that reasonable steps would have avoided cannot be recovered.

2. 2

   Is it accurate to call mitigation a duty?

   Model answer

   Not strictly; the claimant is free to act as they wish, but cannot recover the part of the loss that reasonable conduct would have prevented.

3. 3

   Give an example of a failure to mitigate.

   Model answer

   Refusing straightforward medical treatment that would have substantially reduced the injury's effects.

4. 4

   Which party must show that an injured claimant failed to limit their loss?

   Model answer

   The defendant, who must prove that reasonable steps would have reduced the damage.

5. 5

   Must a claimant take unreasonable steps to mitigate?

   Model answer

   No; only reasonable steps are required, judged in the circumstances the wrong placed them in.

6. 6

   What is contributory negligence?

   Model answer

   A partial defence where the claimant's own carelessness contributed to the harm they suffered.

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