MITIGATION IN THE LAW OF DAMAGES.

"Mitigation in the Law of Damages" by Andy Summers is a comprehensive and groundbreaking book that delves into the intricacies of the law of mitigation in common law jurisdictions. Here is a detailed overview of the book, including its key themes, plot summary, and critical reception:

Key Themes

1. Comprehensive Theoretical and Doctrinal Treatment: The book provides the first comprehensive theoretical and doctrinal treatment of the law of mitigation in any common law jurisdiction.
2. Choice and Abnormality: The twin principles of choice and abnormality, which underlie ‘commonsense’ causal reasoning, are central to the book's argument. These principles explain how judges approach questions of mitigation.
3. Symmetrical Application: Contrary to the conventional view, the rules of mitigation apply symmetrically to both benefits and harms.
4. Relationship with Other Damages Doctrines: The book explores the relationship between mitigation and other damages doctrines, including the market rule, intervening acts by the claimant, betterment, remoteness, and contributory negligence.

Plot Summary

The book aims to reveal the fundamental role of mitigation in assessing damages for loss. It systematically examines how a claimant's own response to a breach affects the damages they can recover. By focusing on the principles of choice and abnormality, Summers provides a nuanced understanding of how judges approach mitigation. The book also highlights the symmetrical application of mitigation rules to both benefits and harms, which is a novel perspective in the field of damages law.

Critical Reception

1. Analytical Depth: The book is described as a highly original piece of analytical research on the subject of mitigation in the law of damages. It offers a deep and insightful analysis that challenges conventional views in the field.
2. Impact on Legal Concepts: The book's arguments have broader implications for our understanding of legal concepts such as causation, choice, and loss. It calls for a re-evaluation of existing theories of damages, making it a significant contribution to the field.
3. Publication Details: The book was published in November 2024 by Oxford University Press and is available in both digital and print formats. A 30% discount is available using the code ALAUTHC4 for print copies.

Additional Information

• Book Launch: A book launch event was hosted by the Law School on January 29, 2025, which was open to all.
• Availability: The book can be accessed via Oxford Scholarship Online, and print copies can be purchased from OUP.

Overall, "Mitigation in the Law of Damages" by Andy Summers is a seminal work that offers a comprehensive and innovative analysis of the law of mitigation, providing new insights into the complex relationships between mitigation and other damages doctrines.