Skadebegränsningsbestämmelser

Skadebegränsningsbestämmelser are legal provisions that outline the obligations of a party to mitigate or limit the extent of damages they may suffer or cause. These provisions are common in contract law, insurance law, and tort law, aiming to prevent unnecessary losses and ensure that parties act reasonably when a potential or actual damage event occurs.

In essence, these rules require the injured party to take all reasonable steps to minimize the loss resulting from a breach of contract or a wrongful act. For instance, if a supplier fails to deliver goods on time, the buyer is generally expected to try and source alternative goods from another supplier rather than letting their business suffer substantial losses. Failure to take reasonable steps to limit damages can result in a reduction of the compensation awarded.

Similarly, in insurance, policyholders have a duty to prevent further damage to insured property after an incident. This might involve taking immediate action to stop a leak or prevent a fire from spreading. The scope of what constitutes a "reasonable step" is assessed on a case-by-case basis, considering the circumstances, the costs involved, and the potential severity of the unmitigated damage. The principle behind skadebegränsningsbestämmelser is to promote efficient resource allocation and prevent parties from passively allowing damages to escalate when effective measures are available.