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Breach of contract
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Breach of contract

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  • 1. BREACH OF CONTRACTWhere the promisor neither performs his contractnor does he tender performance, or where theperformance is defective, there is breach ofcontract.Breach of contract can be of two types:1.Actual2.Anticipatory .
  • 2. • Actual breach may take place either at the time the performance is due, or when actually performing the contract.• Anticipatory breach is the breach before the time for the performance. That is the act of the promisor which makes the performance impossible or by the promisor in some other way showing his intension not to perform it.
  • 3. Remedies for Breach• Where a contract is broken, the injured party has several courses of action open to him. The appropriate remedy in any case will depend upon the subject-matter of the contract and the nature of breach.• Remedies of for breach of contract:In case of breach of contract, the injured party may:1.Rescind the contract and refuse further performance of the contract;
  • 4. • Sue for damages;• Sue for specific performance;• Sue for an injunction to restrain the breach of a negative term;• Sue on quantum meruit.Injunction : An injunction, is an order of a court restraining a person from doing a particular act. It ia a mode of securing the specific performance of a negative term of the contract, the court may in its discretion issue an order to the defendant restraining him
  • 5. From doing what he promised not to do. Injunction may be prohibitory or mandatory. In prohibitory it is the order of the court restraining the commission of a wrongful act whereas in mandatory, it restrains continuance of wrongful commission.

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