The doctrine of mitigation is a pervasive contractual legal
principle in jurisdictions around the world. It arises from the
fact that parties to a contract share a legal relationship in which
obligations are expected from either party, and a breach of a
contractual obligation may lead to damages and loss suffered by the
non-breaching party, which may establish liability on the breaching
party provided there is a causal link between the breach and loss.
In this article, we consider why the legal system incorporates
‘mitigation of damages' before turning to how Bahraini
law indirectly addresses the concept under Decree Law 19/2001
Issuing the Civil Code (BCC). We additionally consider the role of
the Claimant or injured party's conduct in being a key
representation of the court's scrutiny of the Claimant when
assessing the damages to be awarded to the same.
