واجب المؤجر في تخفيف الضرر في عقود الإيجار في النظام الأمريكي

Abstract EN

Contractual liability under legally binding contracts arises from a contracting party’s breach of its contractual obligations.

In conformity with Anglo-Saxon laws which uphold fairness upon addressing contractual liability, the Mitigation of Damages Doctrine prevents a creditor from recovering damages that could have been reasonably avoided, where a creditor has the duty to take certain measures to mitigate the damage caused by a debtor’s breach of the contractual obligations.

In that sense, a debtor is in a position to file a lawsuit seeking reduction in the compensation for the losses and damages which could have been mitigated or avoided by the creditor.

This paper highlights how the Mitigation of Damages Doctrine has historically developed, shows the supporting and opposing viewpoints and how the Doctrine is put into effect, and addresses issues related to the burden of proof and how compensation is estimated.

Finally, the paper presents its findings and recommendations putting forward practical solutions and proactive ideas to Arab legislators.