La Obligación De Tomar Medidas Razonables Para Evitar La Extensión Del Daño (Duty to Mitigate the Damage)

Abstract

Principles as the complete damage compensation indicates that the essence of law of torts is that the victim of damage obtains compensation from who has been declared “liable”. Otherwise, if we stand in the position of party who has been declared liable, the situation suggests that the victim should also occupy of damage that has been caused: it means that the victim have the duty to mitigate the damage and its consequences. The analysis of this duty demands a revision of the way that different legal systems apply this duty and its juridical basis in law of torts. This article proposes a general approach to the subject.

Note: Downloadable document is in Spanish.

Keywords: Law of torts, objective damage compensation, duty to minimize the damage