Mitigation in United Kingdom

Mitigation in Contract Law

According to Questions & Answers Law of Contract: Law Revision and Study Guide (Law Questions & Answers, Oxford University Press), by Adrian Chandler and Ian Brown, Mitigation may have the following meaning: name.1. Reduction in the severity of some penalty. Before sentence is passed on someone convicted of a crime, the defence may make a plea in mitigation, putting forward reasons for making the sentence less severe than it might otherwise be. These might include personal or family circumstances of the offender, and the defence may also dispute facts raised by the prosecution to indicate aggravating circumstances. In raising mitigating factors, hearsay evidence and documentary evidence of character are accepted.

2. Reduction in the loss or injury resulting from a tort or a breach of contract. The injured party is under a duty to take all reasonable steps to mitigate his loss when claiming damages.