Abstract:

The duty of the mitigation of damages means that the injured person should take all the reasonable measures to minimize the damage. The basis of this duty is the principle of good faith. The reasonable measures are determined according to all the facts and circumstances of the present case. In this regard, besides the objective circumstances such as the efficiency and the price of the measure; for the measures that present an intervention to the personality of the injured person, the subjective circumstances such as his age, profession, education, capacity, health status should also be considered. The violation of the duty of the mitigation of damages constitute injured person’s fault. If the fault of the injured person can be seen as a cause breaking the causal link between the tortfeasor’s act and the additional damage, the injured person can not demand the recovery of the additional damage. If not, the violation of the duty is considered as a reduction cause at the stage of the determination of the compensation

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