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In a contractual situation, English law provides that the innocent party does have a duty to take reasonable steps to minimise loss. The burden of proof is on the defendant to prove that the innocent Claimant has failed to mitigate loss. This duty to mitigate’ means losses cannot be recovered if they could have been reasonably avoided. The party in breach may argue that the innocent party has failed to mitigate their loss in order to reduce damages received.
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