Before beginning, I would just like to reiterate and nourish the point that, we are not seeking to completely get away liability on behalf of our client Mr Brookes. We are simply seeking to avoid an unfair result.
4. Mitigation is a process by where a claimant can claim damages for loss suffered collectible to the defendants breach, provided the loss is not too remote. The claimant must mitigate his or her loss. On the facts of [British Westinghouse Electric & Manufacturing Co Ltd v Underground Electric Railway Company of London Ltd] relief enables losses are kept to a lower limit.
Miss Thrower we agree did take steps to mitigate her losses; that did she mitigate to ensure that losses were kept to a minimum? We would argue not.
After our client refused to repair the malfunction of the passion system, Miss Thrower causeed two quotes from other contractile organs.
She received one and only(a) quote for £2,500; however, he could not start work for cardinal weeks. The second quotation was for £4,000, and the contractor could begin work right away. We would put forward that there is a significant fluctuation in price, and although the essence of mitigation is to try and start work immediately to avoid any substantial loss, Miss Thrower, should make believe endeavoured to obtain another quotation. This third quotation may have been less(prenominal) money than the claimant ended up paying OR it could have been somewhat closer to the first quotation with the difference that the contractor was able to start work immediately.
In conclusion, we commend Miss Thrower for mitigating her losses to an extent, yet, we feel that in her hastiness a...If you hope to get a full essay, order it on our website: Ordercustompaper.com
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