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Sir if the claimant has failed to mitigate his loss, then we know that no remedy is awarded for the loss which could have been mitigated. BUT in such case would nominal damages be awarded to him?
Maybe … maybe not
Probably as in the case where, following the act of the other contracting party that has defaulted, the item in question was later sold for an even better profit
So the claimant (the innocent non-breacher) was awarded nominal damages because no real loss was suffered but clearly the claimant was correct in claiming that contracts should not be breached so the Court had to find in the claimant’s favour
OK?
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