How you might change the common law approach to mitigation

The law commission is considering a review of the common law approach to mitigation in light of Atiyah's statement: "The reality is that the bindingness of executory contracts protects not the expectation of performance but the expectation of profit, and even that is only protected so long as the promisee cannot secure it elsewhere.) (P. Atiyah The rise and fall of freedom of contract (OUP 1985) P 430

How will you change the law in regards to the statement above

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