With the permission of the Commission on European Contract Law, these comments and notes are presented below. The aggrieved party is entitled to recover any expenses reasonably incurred in attempting to reduce the loss. Comment A. Failure to mitigate loss Even where the aggrieved party has not contributed either to the non-performance or to its effects, it cannot recover for loss it would have avoided if it had taken reasonable steps to do so. The failure to mitigate loss may arise either because the aggrieved party incurs unnecessary or unreasonable expenditure or because it fails to take reasonable steps which would result in reduction of loss or in offsetting gains. B buys an old car from S for 750.
S warrants that the car is in good running order.
B discovers that it will cost 1,500 to put the car into good running order, and he has this work done although similar cars in good condition are available for 800. C hires a camper van to take his holiday in Portugal. When he comes to collect the camper van, the car hire company tells C that it has made a mistake in bookings and no van is available from it, but it has managed to find for him another company which has a van available at a higher price. Even if C unreasonably ignores this and abandons his holiday, his damages should be limited to the loss he would have suffered if he had acted reasonably in taking the substitute van, namely the difference in cost between the vans and compensation for inconvenience in having to collect his replacement. O engages B, a builder, to come within 24 hours to repair the roof of O's house, which is leaking and causing damage to the decorations.