Breach of contract

1. Presentation on
BREACH OF CONTRACT

2. A breach of contract is a broken promise
to do or provide something.
Breach of contract is a legal cause of action in which a binding agreement or
bargained-for exchange is not honored by one or more of the parties to the
contract by non-performance or interference with the other party's performance.
Breach of contract is a type of civil wrong

3. Actual Breach
Anticipatory Breach

5. Acts such as:
 failing to produce an ordered item
 refusing to accept payment
 or somehow making it obvious that he cannot or will not fulfill the terms of the contract.
Example:
 Jane agrees to sell her antique sewing machine to Amanda
for price of $1,000.
 The sale to occur on May 1st.
 On April 25th, Amanda tells Jane that she cannot come up
with the money on time.
 Following this communication, Jane can reasonably assume
that Amanda is in anticipatory breach.
 This enables Jane to sell the sewing machine to someone
else, or potentially file a lawsuit against Amanda for breach
Also known as “anticipatoryrepudiation,”
clear indication that the party will not perform when performance is due, or a situation in which future
non-performance is inevitable. An anticipatory breach gives the non-breaching party the option to treat
such a breach as immediate, and, if repudiatory, to terminate the contract and sue for damages
(without waiting for the breach to actually take place).

6. Penalty and Liquated
damages
Liquated Damages:
when the contracting
parties agree in advance
the amount payable in
the event of breach, the
sum payable is liquidated
damages. where the
amount of compensation
claimed for the breach of
contract is left to be
judged by the court,
damages claimed are
called un-liquidated
damages
Penalty: If the sum
payable is so large as to
be far in excess of the
probable damages on
breach, it is certainly
penalty.

8. • In its suit filedon Tuesday, Nike claimed Kohlihad breachedthe
contract by disagreeing to .
• And IndianExpressreport says that Nike had enteredinto a contract
with Virat Kohli from1 January 1, 2007 to 31 December 31, 2007. The deal
was renewedfor the period between1 August 2008 and 31 July, 2013 for
exclusive endorsement rights. According to The Hindu, Kohli was paid
Rs.1.42crore for the contract that carried a clausefor extensionfor
another year i.e. till 31 July, 2014 with certain conditions.continue as its
brand ambassador till 2014. The five-year contract from2008 was
extendable by one year.
• Nike, in its suit, has pleadedwith the court to restrain Kohli from
entering into or negotiating any endorsement deal withany thirdparty
until the expiry of thedeal, companycounsel Aditya Sondhi said.

11. BlackBerry sues executive to
stop him moving to Apple
Vs

13. REMEDIES FOR BREACH OF CONTRACT
Cancellation/Rescission
Restitution
Specific performance
Injunction
Quantum meruit
Damages