Dowling v Fontaine [1971] JJ 1651 (25 February 1971)

The court held that there was no failure to mitigate damages where the plaintiff delayed action in order to obtain fuller information about the extent of brain damage and its effects.

Citation: [1971] JJ 1651
Parties: Plaintiff: Dowling; Defendant: Fontaine
Jurisdiction: Jersey
Judgment Date: 25 February 1971
Procedural Posture: Tort / Judgment
Outcome: judgment for plaintiff
Legal Topics: Personal Injuries, Damages, Brain Damage, Mitigation of Loss

Tort Law Personal Injuries Damages Brain Damage Mitigation of Loss

Case Brief

Summary, issues, holding and outcome

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Parties

Dowling

Plaintiff

Fontaine

Defendant

Procedural Posture

Tort / Judgment

Legal Issues

1 Whether the plaintiff failed to mitigate damages by delaying action to obtain fuller information about injuries

Ratio Decidendi

The court held that there was no failure to mitigate damages where the plaintiff delayed action in order to obtain fuller information about the extent of brain damage and its effects.

Court Disposition

judgment for plaintiff