Mahkamah merujuk kepada kes Amfinance Bhd (Previously Known As Mbf Finance Bhd Which Has Taken Over All The Assets, Business And Liabilities Of The Arab Malaysian Finance Bhd) V Reinplas (M) Sdn Bhd & Ors [2015] 3 MLJCON 269 mengenai kewajipan untuk mengurangkan kerugian apabila terjadinya kemungkiran kontrak. Mahkamah Tinggi di dalam kes tersebut memutuskan: “When the defendant failed to pay the agreed monthly installments, it had committed a breach of the agreement, which entitled the plaintiff to claim for damages and to terminate the agreement. The plaintiff had effectively terminated the contract when it issued the notice of intention to re-possess the machine. The plaintiff’s termination was also reflected in the filing of the first suit. Bearing in mind that the property in the machine resided in the plaintiff, and that consent of the first defendant’s possession had been withdrawn with the first defendant’s breach, the plaintiff ought to have taken steps towards the physical repossession of the machine when the first defendant failed to deliver up the machine. Hence when there was a theft of the machine, it was the theft of the plaintiff’s machine and not that of the hirer first defendant. Related to this is the issue of the obligation to mitigate. This duty arose from the time of the breach by the first defendant. In the present case, the plaintiff ought to have mitigated its losses by taking repossession of the machine and then reselling it thereby affording the defendants an opportunity for a reduction of the sums due. Since the plaintiff failed to mitigate its loss it was only entitled to the balance outstanding up to when it was notified of the theft (see paras 18, 20–21)” (emphasis added).”