What is the duty to mitigate damages under Dutch law?

Dutch term: Schadebeperkingsplicht | Legal basis: Article 6:101 BW

The duty to mitigate damages (schadebeperkingsplicht) under article 6:101 of the Dutch Civil Code requires the injured party to take reasonable steps to limit the damage caused by the other party's breach. If the injured party fails to mitigate, the damages award may be reduced in proportion to the extent that the failure contributed to the loss.

Article 6:101 is framed as a contributory negligence provision: the court assesses whether and to what extent the damage was caused or increased by circumstances attributable to the injured party. The test is what a reasonable person in the same position would have done. The debtor bears the burden of proving that the creditor failed to mitigate.

Why it matters for international businesses

For commercial disputes, the duty to mitigate often plays a significant role in the damages calculation, particularly in cases involving cover purchases, replacement suppliers and ongoing revenue losses.