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The Principles of the Law of Restitution$
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Graham Virgo

Print publication date: 2015

Print ISBN-13: 9780198726388

Published to Oxford Scholarship Online: September 2015

DOI: 10.1093/acprof:oso/9780198726388.001.0001

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Passing On and Mitigation of Loss

Passing On and Mitigation of Loss

(p.702) 26 Passing On and Mitigation of Loss
The Principles of the Law of Restitution

Graham Virgo

Oxford University Press

This chapter examines whether there are, and if not whether there should be, any defences in English law which operate by reference to changes in the circumstances of the claimant after the defendant’s receipt of the benefit. It considers two possible defences which, if they are recognized, would operate in this way: passing on of the claimant’s loss and mitigation of the claimant’s loss.

Keywords:   defences, English law, changed circumstances, claimants, passing on, mitigation of loss

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