Principle

CIVIL PROCEDURE β€” Pleadings β€” Facts Raising Issue of Mitigation Need Not Expressly Plead ‘Mitigation’

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Mitigation of damages need not be expressly pleaded using the word "mitigation". Pleaded facts may sufficiently raise the issue. The principle applies to civil procedure and damages. The rule avoids technical rejection of a defence where the facts clearly indicate failure to mitigate. Substance over…

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