Mitigation

Question 1

What it mitigation?

Answer 1

The duty of the non-breaching party to keep the damages payable by the breaching party as low as reasonably possible

Question 2

The Measure of Mitigation damages

Answer 2

1. Figure out what the position the mnon-breaching party would have been in if the promise had been kept
2. Figure out the position that the non-breaching would be in after the breach (provided the non-breaching party did whatever was reasonably possible to mitigate damages);
3. Figure how much we need to give the non-breaching party to move them from the position they are in after the breach (described in 2 to the position described in 1)