Correct wording! Any help

unholyangel

daytona0 wrote: »

Is there any consideration for the fact that OP could have instead sourced alternative accommodation in order to attend the venue?

It would be for the party in breach to show that OP could have mitigated their loss and failed to. It (failing to mitigate) wouldn't stop damages being awarded, just they would be awarded as if OP had taken reasonable steps to mitigate.

And thats the key part - reasonable steps, you're not expected to do everything possible/imaginable.

Plus OP also said they did try to source alternative accommodation but nothing was available due to the event

daytona0

unholyangel wrote: »

It would be for the party in breach to show that OP could have mitigated their loss and failed to. It (failing to mitigate) wouldn't stop damages being awarded, just they would be awarded as if OP had taken reasonable steps to mitigate.

And thats the key part - reasonable steps, you're not expected to do everything possible/imaginable.

Plus OP also said they did try to source alternative accommodation but nothing was available due to the event

cool. Just asking to clarify the point

whitts

Thank you very much for all comments.
I have decided that I will take this through the small claims court.
Not sure how I will get on, however if I do not try I will never know and I am out of pocket, and the fact is I didn't need to be if someone had done their job.

I understand it takes a few months to go through the process, I will post what happens either way. As it may help someone in the future.