
Published online:
20 June 2024
Published in print:
25 April 2024
Online ISBN:
9780191993954
Print ISBN:
9780198885320
Contents
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1. Changes in the Claimant’s Circumstances 1. Changes in the Claimant’s Circumstances
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2. Passing On 2. Passing On
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(A) The General Principle (A) The General Principle
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(B) Judicial Examination of the Defence (B) Judicial Examination of the Defence
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(i) Recognition of the Defence (i) Recognition of the Defence
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(ii) Rejection of the Defence (ii) Rejection of the Defence
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(C) Should the Defence of Passing on be Recognized? (C) Should the Defence of Passing on be Recognized?
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3. Mitigation of Loss 3. Mitigation of Loss
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Chapter
26 Passing On and Mitigation of Loss
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Pages
780–785
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Published:April 2024
Cite
Virgo, Graham, 'Passing On and Mitigation of Loss', The Principles of the Law of Restitution, 4th edn (Oxford , 2024; online edn, Oxford Academic, 20 June 2024), https://doi.org/10.1093/oso/9780198885320.003.0026, accessed 4 May 2025.
Abstract
This chapter considers whether there are, and if not whether there should be, any defences in English law which operate by reference to changes in the circumstances in the claimant after the defendant’s receipt of the benefit. There are two possible defences which, if they are recognized, would operate in this way. The first defence discussed in the chapter is known as passing on. The arguments for and against the recognition of such a defence are examined. The second defence is known as mitigation of loss. Again, the arguments both for and against the recognition of this defence are considered.
Keywords:
passing on, mitigation of loss, general defence, changes in claimant’s circumstances, general defences
Subject
Civil Law
Collection:
Oxford Scholarship Online
The Principles of the Law of Restitution. Fourth Edition. Graham Virgo, Oxford University Press. © Graham Virgo 2024. DOI: 10.1093/oso/9780198885320.003.0026
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