Mitigate to accumulate: a new take on the breach/benefit conundrum
This article by Rachel Tandy was first published in Butterworths Journal of International Banking and Financial Law (JIBFL).
The Supreme Court has emphasised the need for there to be a “close link” between loss and benefit, if the benefit is to be taken into account when assessing loss. The benefit must have been caused either by the breach or by a successful act of mitigation.
To read the article in full, please see here.
This article forms part of an ongoing series being written by members of the Henderson Chambers Banking Finance and Consumer Credit group for the Butterworths Journal of International Banking and Finance Law.