PPT on "Remedies for Breach of Contract" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation. Business Law PPT by Sandeep Sharma. (Meaning with suitable examples & explanations.)

1. REMEDIES FOR BREACH OF
CONTRACT
Chapter – 13
Part - 2
PPT by Sandeep Sharma

2. III. SUIT FOR QUANTUM MERUIT
 It is a Latin phrase meaning "what one has earned".
In the context of contract law, it means "reasonable value of
services".
Like quasi contract, this is also based on a principle “Unjust
enrichment of one person at the cost of another”.

3. III. SUIT FOR QUANTUM MERUIT
Quantum Meruit is available under any of
the two circumstances:-
i. When a contract is discharged by breach, during the course of its
performance.
ii. When one party does something & other party enjoys the benefit
of the act.
(Quantum - quantity)
(Meruit – work done)
(Quantum meruit - जितना काम उतना दाम)

4. Cases & conditions:-
i. Contract is terminated by breach: when one party performs
& other party prevents him for further performance.
Writer Publisher
Series of books
discontinued after first book
Here, writer entitled to recover his remuneration for his work
already done.
III. SUIT FOR QUANTUM MERUIT

5. Cases & conditions:-
ii. When an agreement is discovered to be void.
Ms. Shabana Mr. Kazmi
hired an architect
build on illegal land
Here, later Mr. Kazmi discovered agreement to be void but still he’ll
get its remuneration no matter Ms. Shabana loose that land &
building both.
III. SUIT FOR QUANTUM MERUIT

6. Cases & conditions:-
iii. When something done Non-gratuitously: if a party does
something unintentionally & other person enjoys its benefit.
Mr. Bhole Mr. Bhandari
deliver goods
by mistake
Here, Mr. Bhandari consumes the goods as his own. So he is
bound to pay for it.
III. SUIT FOR QUANTUM MERUIT

7. Cases & conditions:-
iv. In case of implied contract where no consideration is fixed:
still party has to pay reasonable remuneration.
Jai Shankar
called caught fire
Here, Shankar will pay reasonable amount, he can’t say I didn’t call fire
brigade so I’m not going to pay.
III. SUIT FOR QUANTUM MERUIT
Shiv
(neighbor) (fire brigade) (house owner)

8. v. When contract is of divisible nature: the party in default
may claim compensation on ‘quantum meruit’ basis.
Mr. Abhi Mr. Maan
500 watches
delivered 300
Here, Mr. Maan enjoys the benefit after selling it further, so now
he has to pay for 300 watches to Mr. Abhi.
III. SUIT FOR QUANTUM MERUIT
(seller) (showroom owner)

9. vi. When contract is NOT divisible nature: the party in default
cannot claim for the part of the work done.
Mr. Chintan Mr. Mani
paint entire banquet
failed to paint
Here, Mr. Chintan gets NO remuneration because the contract is
not of divisible nature.
III. SUIT FOR QUANTUM MERUIT
(painter) (banquet owner)

10. vii. When the performance is poor: sometimes party performs
but not as it was expected.
Ms. kali Mr. charan
Modular kitchen
about 5 lakh
Here, Ms. kali complained of poor work, now Mr. charan is entitled to claim
lump-sum amount after deduction of defective performance. Let’s say the
cost to remedy, the defect was Rs. 50k.
III. SUIT FOR QUANTUM MERUIT
(house owner) (kitchen designer)

11. IV. SUIT FOR SPECIFIC PERFORMANCE
 It means the performance of contract as per the terms of the
contract.
Here monetary compensation are not an adequate remedy. So
court orders for specific performance.
(Specific performance - िो मााँगा है वही ममले)

12.  It means the performance of contract as per the terms of the
contract.
Mr. Bhaskar Ms. Swara
Promise to marry
but refused on time
Here, Ms. Swara demands specific performance from court & court has to take
decision. If Mr. Bhaskar married to someone else as per ‘Hindu marriage act’
then court has to think upon other best alternatives for Ms. Swara.
IV. SUIT FOR SPECIFIC PERFORMANCE

13. IV. SUIT FOR SPECIFIC PERFORMANCE
Court may enforce Specific Performance of
a contract in any of the following cases:-
i. Where there is no standard for measuring the actual damage.
ii. Monetary compensation for non-performance would not
afford adequate relief.

14.  In the context of contracts, it is generally negative.
Injunction means – order which prohibits to do something.
Mr. Om
Mr. Jai
Mr. Jagdish
Partners Restraints
Here, Mr. Jagdish breaks the conditions, so Mr. Om & Jai applied for
injunction order & in such cases court grant injunctions in favor of both
the partners (Om & Jai).
V. SUIT FOR INJUNCTION
1 year
20 Kms
Not same trade

15. Courts generally grant injunctions in the following cases:-
i. In case of clear negative condition: Eg:- a film actress Ms. Sakshi agreed
to act ‘Exclusively’ for Mr. Satnam for particular time, then legally she
can’t work for others during that period.
ii. In case of inferred negative condition: Eg:- Mr. Dheeru agreed to buy
whole electricity for his factory, from Veeru. so here it is ‘Assumed’ that
Mr. Dheeru promised not to buy electricity from any other supplier.
V. SUIT FOR INJUNCTION
(Inferred- अनुमान लगाना)

16. END OF CHAPTER - 13
PPT by Sandeep Sharma