A Presentation on Breach Of Contract. Prepared By IIM Jammu students. Under the supervision of Adv. Harsh Pathak.

1. LEGAL ASPECTS OF BUSINESS
BREACH OF
CONTRACT
-Shubham Yadav
-Shuvayan Biswas
-Tanish.
-Tanishq Tushar
-Thupakula Deva Krishna

2. DISCHARGE
A CONTRACT MAY BE DISCHARGED IN
ANY OF THE FOLLOWING WAYS:
By Performance
By Mutual Agreement
By Impossibility of Performance
By Breach of Contract
By Operation of Law
By laps of time

3. BREACH OF CONTRACT
Breach of contract means failure
or refusal by the parties to
perform their respective
promises

4. TYPES OF
BREACH OF
CONTRACTS
ANTICIPATORY ACTUAL
When the promisor
refuses altogether to
perform his promise
and signifies his
unwillingness, even
before the time of
performance has
arrived.
Where the promisor
refuses to perform
promises on the
scheduled date. When
one of the parties
breaks the contract by
refusing to perform the
promise when it falls
due.

5. ANTICIPATORY
BREACH
Vocal or written confirmation is not
required.
Failure to perform an obligation
promptly can result in a breach.
by declaring an anticipatory breach, the
counterparty may begin legal action
immediately rather than waiting until a
contract's terms are actually broken

6. ACTUAL BREACH
At the time of performance of the
contract.
One party fails or refuse to perform
his promise under the contract.
Example: X agrees to deliver 100kg of wheat
to Y on 1st October, X fails to deliver the
wheat to Y on October 1st. This is actual
breach of contract by X.

7. APPLE VS GERARD
WILLIAMS III
Gerard Williams III, an engineer by profession, was responsible for
developing Apple’s chips from 2013 -2019.
He co-founded a new company, Nuvia, and left November 2019
when it revealed its data center-focused Phoenix processor.
Apple claimed that Williams broke his employment contract by
making plans to form his own company while still working at Apple,
using the knowledge he gained working on Apple’s chips and
“stealing” other Apple employees.
FILED IN SANTA CLARA COUNTY SUPERIOR
COURT

8. APPLE VS GERARD
WILLIAMS III
Williams in his defence, claimed that Apple had illegally
inserted the “anti-compete” clause in his contract.
Rejecting his request to toss the suit, the Judge said
that the law doesn’t allow one to come up with a
competitive enterprise with the employer’s resources
while still working for them. However, the Judge also
dismissed Apple’s bid for damages saying it could not
be established how Gerard was intentionally trying to
harm the company through his activities.

9. The judge invariably analyzes the situation at
the time of the breach and whether the
alleged had malicious intentions or not. And if
the alleged didn’t have wrong intentions, he
may get immune from the punitive charges.
·
One should be well versed with the general
employment laws in the country and any other
specific industry law in a particular region or
state. E.g., US States have different
employment laws from each other. (“Unfair-
Competitive laws” in California)
WHAT DID
WE LEARN
FROM THIS
CASE STUDY

10. REMEDIES FOR BREACH OF
CONTRACT
When one party breach
the contract; the other
party can rescind the
contract and he/she is
free from all obligations
under contract
RECESSION OF
THE CONTRACT
means as much as
earned. It is only an
obligation created by
law. It is not a
contractual remedy, .
QUANTUM
MERUIT
An order of the court
directed the party who
commits a breach of
contract to do what
they have promised to
do.
SPECIFIC
PERFORMANCE Order of the court directing
the party who commits a
breach of contract either to
do or not do something. It is
usually given in cases of
anticipatory breach of
contract.
INJUNCTION
The damage of
compensation
awarded to the
aggravated
party for breach
of contract
DAMAGES

11. THANK
YOU