واجب الدائن بتخفيف الضرر في نطاق المسؤولية العقدية

Other Title(s)

Creditor’s duty to mitigate damage in the framework of contractual liability

Dissertant

أبو حاج، عيسى

Thesis advisor

دودين، محمد

University

Birzeit University

Faculty

Faculty of Law and Public Administration

Department

Department of Law

University Country

Palestine (West Bank)

Degree

Master

Degree Date

2019

English Abstract

This study is composed of two chapters; the first chapter identifies the concept of duty of mitigation and the main basis of the duty and its legal basis.

the study concluded that the creditor's duty to mitigate damage is a principle of contract law requiring the injured party to take reasonable steps to mitigate the damage; this duty does not only require the reduction of damages; it requires the injured party to avoid any action that would lead to increased losses.

With regard to the basis of the creditor's duty to mitigate damage, the study shows that the basis of the creditor's duty to mitigate damage are the principles of good faith and causation rules and provisions for compensation assessment.

The second chapter focuses on the duty of mitigation requirements and the creditor's options after implementing the duty of mitigation.

The study shows that the breach of the debtor's contractual obligations towards the creditor is a necessary condition for the creditor's duty to mitigate the damage.

Another condition taken into consideration is the obligation to take reasonable steps to mitigate the damage done by the creditor.

Examples of such reasonable steps to mitigate the damage would be the circumstances of the individual case could have been expected in good faith.

The options of the creditor after the implementation of his duty to mitigate the damage with regard to the specific performance and the compensation.

The study concluded that the injured party needed to show some fair, real and substantial justification before a claim for specific performance could be insulated from the obligation to mitigate.

If the injured party could show some substantial and legitimate interest in seeking specific performance as opposed to damages, then the injured party might justify its inaction in failing to mitigate.

Additionally, the study concluded that the creditor's entitlement to full compensation is inextricably linked with the fulfillment of his duty of mitigation.

As long as the creditor has taken reasonable steps to mitigate his damage, the creditor will be entitled to full compensation if he suffered damage.

In contrast, the creditor's failure to take reasonable steps to mitigate his damage would lose his right to claim damages that could have been reasonably avoided.

Main Subjects

Law

No. of Pages

92

Table of Contents

• APA
• MLA
• AMA

Language

Arabic

Data Type

Arab Theses

Record ID

BIM-1412375