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Law remediesforbreachofcontract-120328220654-phpapp01
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2. 1.
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4.
Suit for specific performance
Suit for injunction
Suit for damages for the loss sustained
Quantum Meruit
3. In
this case , the Court directs the party
committing the breach of Contract to perform the
promise according to the terms of Contract.
Specific Performance of the Contract can be
granted under Specific Relief Act 1877
4. Specific
Performance can be granted only
when damages are an inadequate remedy
or when the Court can supervise the
execution of Contract, or when the
Contract is Certain , Fair and Just.
Specific
Performance cannot be enforced
of the Contracts of Personal Service
5. Specific
Performance can be granted only
when damages are an inadequate remedy
or when the Court can supervise the
execution of Contract, or when the
Contract is Certain , Fair and Just.
Specific
Performance cannot be enforced
of the Contracts of Personal Service
6. For
Eg :
A agrees to buy and B agrees to Sell a
picture and two China Vases
A
may Compel B specifically to perform the
Contract for there is no Standard for
ascertaining the actual damage which
would be caused by its non performance.
7. An
injunction is an order of the Court directing a
person to do or to refrain from doing some act,
which is subject matter , Court can on a suit
restrain a party by an order of injunction from
Committing the breach. The power of Court is
discretionary and can be granted for a temporary
or an indefinite period.
8. A
a singer contracts with B the Manager of
a theatre to Sing at his theatre for one year
and to abstain from Singing at other
theatres during the theatre.
She absents herself , B cannot compel A to
sing at his theatre, but he may sue her for
an injunction restraining her from Singing at
other theatres .
9. In
case of a breach of Contract , injured
party can claim damages for the loss
caused by the breach of Contract
Damages are given by the way of
restitution and as a monetary
compensation to the injured party.
10. The
aggrieved party can recover the actual
loss caused to him by the breach of
Contract. And not any unusual damages.
11. For Eg :
1. A contracts to repair B’s house in a
certain manner and receives payments in
advance. A repairs the house but not
according to the Contract. B is entitled to
recover from A , the Cost of making the
repairs conforming to the Contract
12. 4. Quantum Meruit :
Quantum Meruit means as much as he has
earned
Where one person has expressly or impliedly
requested another to render him a service
without specifying any remuneration but the
circumstances of the request imply that the
Service is to be paid for there is implied promise
to pay quantum Meruit that is so much as the
party doing the service deserves
13. 1.
Compensatory Damages :
These damages are calculated to actually
Compensate or make up the loss suffered
by the party
14. A
who owes money to B a money lender
,undertakes to repay him by delivering him
10 maunds of grain on a certain date , and
stipulates that in the event of his not
delivering the stipulated amount by the
stipulated date, he shall be liable to deliver
20 paunds. This is a stipulation by way of
penalty , and B is only entitled to
reasonable Compensation in case of
Breach.
15. Nominal
Damages:
Damages which naturally arise in the usual
course of things from the breach are called
nominal damages.
It is in the discretion of the Court whether
to allow or refuse damages. Damages
should however be actually suffered .
16. Losses
which arise due to remoteor
indirect consequences are not allowed.
Exemplary damages are granted for
Injured feelings, mental pain , suffering etc.
For eg : Breach of Contract of Marriage,
Banker regfusing to honour the Cheque of
his Client having sufficient funds etc
17. These
arise on account of unusual
circumstances . Special damages can be
recovered only if Stipulated in the Contract.
Parties to the Contract must know of the
damages likely to result from the Breach. Special
damages are granted when the parties know at
the time of making the Contract that the Special
loss or damage would result or is likely to result
from the Breach of Contract