Dr Andy Summers has published a new book, Mitigation in the Law of Damages (Oxford University Press, 2024). Mitigation determines how a claimant’s own response to a breach affects the damages they can recover. The book provides the first comprehensive theoretical and doctrinal treatment of the law of mitigation in any common law jurisdiction. Its main argument is that the twin principles of choice and abnormality, which underlie ‘commonsense’ causal reasoning, also explain how judges approach questions of mitigation. Contrary to the conventional view, the rules of mitigation apply symmetrically to benefits as well as harms. This understanding also explains the relation between mitigation and other damages doctrines including the market rule, intervening acts by the claimant, betterment, remoteness, and contributory negligence. The book’s arguments have broader implications for our understanding of the legal concepts of causation, choice, and loss, and call for a re-evaluation of existing theories of damages.
The book can be accessed via Oxford Scholarship Online , or print copies can be purchased from OUP (at a 30% discount using code ALAUTHC4) . There will be a book launch hosted by the Law School on Weds 29th January 2025 (6.00-7.45pm) – all welcome!