Mitigate, but don't tolerate: reducing damages
It is an important principle of the law of England and Wales that unless a claimant seeks to mitigate its loss, or to alleviate any damage suffered by any reasonable means available, before seeking to recover compensation from a defendant, any damages which a defendant is ordered to pay may be reduced accordingly. In the case of Manton Hire & Sales Ltd v Ash Manor Cheese Co Ltd the Court of Appeal considered the oft-quoted partial defence of failure to mitigate, and provided some straightforward and helpful guidance.
After attending Ash Manor’s cold store premises and taking measurements of racking arrangements within which a forklift truck would be required to operate, Manton recommended and supplied a particular model truck to Ash Manor.
The truck turned out to be too big to operate within Ash Manor’s premises and so the company sought to reject the truck and to cancel the hire agreement pursuant to which it had been supplied. Ash Manor knew that it was purchasing the truck from Manton with the benefit of a finance arrangement, but it did not appreciate that the hire arrangement included a provision whereby it remained liable for rental payments even in the event that the truck supplied was unusable for any reason. When Ash Manor realised that it remained liable to the external finance company, it sought an indemnity from Manton…
If you are registered and logged in to the site, click on the link below to read the rest of the Walker Morris briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
There has been a raft of recent cases where the Health and Safety Executive has successfully prosecuted individuals and firms who have permitted staff and others to suffer injury while working at height.
Guidelines for lawyers have been issued in response to increasing numbers of individuals representing themselves in court. Rebecca Courtney explains how the guidelines can help to ensure the smooth running of cases involving litigants in person.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.