Article by Saúl Litvinoff
An aggrieved obligee's duty to mitigate the damage he sustained because of the obligor's failure to perform the obligation has been given legislative formulation in the latest revision of the articles of the Louisiana Civil Code devoted to obligations. The following discussion explores the roots of that duty in the higher one that demands that parties observe good faith in whatever pertains to an obligation, which explains that such duty is owed regardless of whether the wrongful act that caused the damage is a breach of contract or a quasi-delict. It also analyzes the nature of the efforts required by the performance of that duty and addresses the question whether an obligee should mitigate even damages that have been stipulated.
About the Author
Saúl Litvinoff. Boyd Professor of Law and Oliver P. Stockwell Professor at the Louisiana State University Paul M. Hebert Law Center and Director of the Louisiana State University Center of Civil Law Studies.
Citation
73 Tul. L. Rev. 1161 (1999)