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1. Passing On 1. 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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2. Mitigation of Loss 2. Mitigation of Loss
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25 Passing On and Mitigation of Loss
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Published:June 2006
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Abstract
Whereas the defences of estoppel, transfer by an agent to his or her principal, and change of position are assessed by reference to changes in the circumstances of the defendant, usually after he or she has received a benefit, 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 receipt of the benefit by the defendant. There are two possible defences which, if they are recognised, would operate in this way: passing on and mitigation of loss. The general principle of passing on is discussed, along with judicial examination of the defence (recognition or rejection of the defence), and whether the defence of passing on should be recognised.
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