Volume 14, Issue 54 (11-2024)
3 2024, 14(54): 1-15 |
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Mousavi S, Jafarzadeh S. The Impact of the Injured Party’s Duty to Mitigate Damages in Non-Contractual Losses. 3 2024; 14 (54) :1-15
URL: http://jlawst.ir/article-1-1114-en.html
URL: http://jlawst.ir/article-1-1114-en.html
Imam Khomeini Seminary, Urmia
Abstract: (17 Views)
The duty of the injured party to mitigate damages arising from a breach of contract has traditionally operated in such a manner that the injured party may lose the right to recover additional losses and, in some cases, a substantial portion of the damages suffered. The obligation to mitigate damages becomes relevant only after the constituent elements of the defendant’s liability have been established. Accordingly, it functions as a defense invoked by the defendant during proceedings for the recovery of damages, with the aim of limiting or avoiding liability. In Iranian law, the duty to mitigate damages has not been formally recognized as an independent legal institution, neither through statutory provisions nor through judicial practice. Nevertheless, legal scholars have sought to incorporate and develop this concept within the framework of the Iranian legal system through their academic writings and legal analyses. This article seeks to examine and analyze the role of the injured party in mitigating non-contractual damages, drawing upon the views of legal scholars and the jurisprudential opinions of Imamiyyah (Twelver Shi'a) jurists.
Type of Study: Research |
Subject:
General
Received: 2024/09/21 | Accepted: 2024/10/31 | Published: 2024/11/30
Received: 2024/09/21 | Accepted: 2024/10/31 | Published: 2024/11/30
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