Study On The Application Of Mitigation In Damages In Tort Law

The damages expand because of the victim's inaction,which not only further damages the interests of the parties,but leads to a waste of social resources.In order to solve this problem,the law must provide the basis for the judicial practices.However,it has no any definite rules about this problem in our country's tort law.We only depend on the principle of good faith and legal analogy to deal with the problem.When the cases become more complicated gradually,the existing treatments have no effect.The rule of mitigation of damage has been introduced in Anglo-American tort law,which requires the victims to take appropriate measures to prevent further loss,it solves the problem more specifically compared to the basic principle in civil law or analogy.There are much practical experience in Anglo-American tort law.The feasibility and stability of the rule of mitigation of damage in tort law are proved,which can become a main basis of solving the problem about further loss.To address the problem,the essay will discuss theory about the rule of mitigation of damage,analyzing the necessity and possibility of the rule in tort law.The essay will emphasize the superiority of the rule compared to the law in other countries.At the same time,it will focus on the application conditions of the rule,the obligation and the way to deal with all kinds of practical problems.I will give suggestions on how to coordinate the rule with other system in civil law.