The document discusses various aspects of performance of contracts and obligations. It covers topics like tender of performance, time and place of performance, reciprocal promises in contracts, application of payments to debts, appropriation of payments by debtor/creditor/law, and discharge of contracts by act of parties or operation of law. The key points are summarized in 3 sentences:
The document outlines the conditions for a valid tender of performance, including that it must be unconditional, made at the proper time and place, and to the proper person. It also discusses the time and place for performance of contracts when specified or not specified by the parties. The document covers topics such as reciprocal promises in contracts, application of payments to multiple debts owed, and
Time and place of the performance of contract.EHSAN KHAN
This document discusses provisions related to the time and place for performance of contracts under Indian contract law. It provides definitions and explanations of key concepts such as:
- Who must perform a contract (the promisor, agent, legal representative, third parties, or joint promisors)
- Time and place of performance when not specified in the contract
- Time and place of performance when specified in the contract
- Effects of failure to perform at the agreed upon time when time is an essential part of the contract
The document also summarizes relevant sections of Indian contract law and includes an illustrative case example.
Performance of contract time and place of performacerichardkthomas
The document discusses rules regarding time and place of performance under the Indian Contract Act of 1872. It outlines 5 key sections:
1. When no time is specified, performance must be within a reasonable time.
2. If a specific day is set, performance can be done within business hours on that day without a request.
3. If a day is set and performance requires a request, the promisee must apply during business hours.
4. If no place is set and no request is needed, the promisor must contact the promisee to set a reasonable place.
5. Performance can be done in any manner prescribed by the promisee.
It also discusses circumstances when time
Discharge of contract - Legal Environment of Business - Business Law - Manu M...manumelwin
Discharge of contract means termination of the contractual relationship between the parties. A contract is said to be discharged when the parties thereto are freed from the task of performing their respective obligations as arising from the contract.
Performance of contract - Legal Environment of Business - Business Law - Manu...manumelwin
Performance of a contract consists in doing or causing to be done what the promisor has promised to do. A contract creates legal obligations. Performance of a contract means the carrying out of these obligations.
This document discusses the obligation of parties to perform contracts under Indian law. It explains that parties must perform their contractual promises unless performance is excused. In the event of one party refusing to perform, the other party has options to end the contract or keep it open and seek damages later. It also discusses exceptions for contracts involving personal skills, as well as the concept of anticipatory breach where a party signals before performance is due that they will not fulfill their obligation. The measuring of damages depends on whether the contract was terminated or kept open following an anticipatory breach.
The document summarizes a court case regarding joint promisors under Section 43 of the Contract Act of 1872. The key points are:
1) The case involved multiple judgment debtors who had jointly executed an acknowledgement receipt for a loan. Under Section 43, any one of the joint promisors can be compelled to perform the whole of the promise made.
2) The trial court had directed the judgment debtors to pay only their share of the decretal amount. However, the appellate court overturned this, noting that under Section 43, one of the joint promisors can be made to pay the entire amount, and then seek contribution from the others.
3) Prior cases were cited where it
This document discusses various aspects of performance of contracts under Indian contract law. It defines actual performance as both parties fulfilling their obligations under the contract, while attempted performance or tender refers to the promisor offering to perform but the promisee refusing acceptance. It also discusses rules around tender, who can demand performance, devolution of joint rights, performance of reciprocal promises, and consequences of default or prevention of performance.
The document discusses various aspects of performance of contracts and obligations. It covers topics like tender of performance, time and place of performance, reciprocal promises in contracts, application of payments to debts, appropriation of payments by debtor/creditor/law, and discharge of contracts by act of parties or operation of law. The key points are summarized in 3 sentences:
The document outlines the conditions for a valid tender of performance, including that it must be unconditional, made at the proper time and place, and to the proper person. It also discusses the time and place for performance of contracts when specified or not specified by the parties. The document covers topics such as reciprocal promises in contracts, application of payments to multiple debts owed, and
Time and place of the performance of contract.EHSAN KHAN
This document discusses provisions related to the time and place for performance of contracts under Indian contract law. It provides definitions and explanations of key concepts such as:
- Who must perform a contract (the promisor, agent, legal representative, third parties, or joint promisors)
- Time and place of performance when not specified in the contract
- Time and place of performance when specified in the contract
- Effects of failure to perform at the agreed upon time when time is an essential part of the contract
The document also summarizes relevant sections of Indian contract law and includes an illustrative case example.
Performance of contract time and place of performacerichardkthomas
The document discusses rules regarding time and place of performance under the Indian Contract Act of 1872. It outlines 5 key sections:
1. When no time is specified, performance must be within a reasonable time.
2. If a specific day is set, performance can be done within business hours on that day without a request.
3. If a day is set and performance requires a request, the promisee must apply during business hours.
4. If no place is set and no request is needed, the promisor must contact the promisee to set a reasonable place.
5. Performance can be done in any manner prescribed by the promisee.
It also discusses circumstances when time
Discharge of contract - Legal Environment of Business - Business Law - Manu M...manumelwin
Discharge of contract means termination of the contractual relationship between the parties. A contract is said to be discharged when the parties thereto are freed from the task of performing their respective obligations as arising from the contract.
Performance of contract - Legal Environment of Business - Business Law - Manu...manumelwin
Performance of a contract consists in doing or causing to be done what the promisor has promised to do. A contract creates legal obligations. Performance of a contract means the carrying out of these obligations.
This document discusses the obligation of parties to perform contracts under Indian law. It explains that parties must perform their contractual promises unless performance is excused. In the event of one party refusing to perform, the other party has options to end the contract or keep it open and seek damages later. It also discusses exceptions for contracts involving personal skills, as well as the concept of anticipatory breach where a party signals before performance is due that they will not fulfill their obligation. The measuring of damages depends on whether the contract was terminated or kept open following an anticipatory breach.
The document summarizes a court case regarding joint promisors under Section 43 of the Contract Act of 1872. The key points are:
1) The case involved multiple judgment debtors who had jointly executed an acknowledgement receipt for a loan. Under Section 43, any one of the joint promisors can be compelled to perform the whole of the promise made.
2) The trial court had directed the judgment debtors to pay only their share of the decretal amount. However, the appellate court overturned this, noting that under Section 43, one of the joint promisors can be made to pay the entire amount, and then seek contribution from the others.
3) Prior cases were cited where it
This document discusses various aspects of performance of contracts under Indian contract law. It defines actual performance as both parties fulfilling their obligations under the contract, while attempted performance or tender refers to the promisor offering to perform but the promisee refusing acceptance. It also discusses rules around tender, who can demand performance, devolution of joint rights, performance of reciprocal promises, and consequences of default or prevention of performance.
The document discusses various aspects of performing contracts including:
1. The requisites of a valid tender including being unconditional, for the whole quantity, by an authorized person, at the proper time and place, and to the proper person.
2. Circumstances where contracts do not need to be performed such as when performance becomes impossible or the parties agree to modify or rescind the contract.
3. Who is responsible for contract performance - the promisor, their agent, legal representatives, or a third party. Joint promisors' obligations can devolve through default or release.
4. Time and place of performance depends on what is specified in the contract or prescribed by the promisee
The document discusses various modes of discharge of a contract and remedies for breach of contract under Indian contract law. It explains that a contract can be discharged through performance, agreement between the parties, impossibility of performance, lapse of time, operation of law, or breach. In the case of breach, remedies for the injured party include rescission of contract, damages, specific performance, injunctions, and quasi-contracts which are obligations created by law.
The document discusses the different ways in which a contract can be discharged, including performance, breach, impossibility of performance, and agreement. It provides details on discharge by performance, discharge by breach of contract including actual and anticipatory breach, and the effects of anticipatory breach including the injured party's options to rescind the contract or keep it alive. Examples are given to illustrate anticipatory breach and the effects of the injured party's election to rescind or continue the contract.
The document discusses various concepts related to performance of contracts under Indian contract law, including:
1) An offer of performance by the promisor allows them to avoid being responsible for non-performance and does not cause them to lose their rights under the contract.
2) For a tender of performance to be valid, it must be unconditional, for the full amount, made by someone willing and able to perform, at the proper time and place and to the proper person.
3) Contracts can generally be performed by the promisor, their agent, legal representatives, or a third party accepted by the promisee. Reciprocal promises and issues regarding time and place of performance are also addressed.
Discharge of Contract "PART 1" (Chapter 12) - Business LawSandeep Sharma
PPT on "Discharge of Contract" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
(Meaning with suitable example & explanation)
Time place and manner of performance [46–50]Dr. Arun Verma
1. The document discusses various rules related to the performance of contracts under Indian contract law.
2. It addresses scenarios where no time is specified for performance, when time is specified but not hours, and cases where performance depends on application by the promisee.
3. The document also covers rules for reciprocal promises, order of performance, assignment of contracts, appropriation of payments among multiple debts owed to the same creditor, and other related topics.
The document discusses the Indian Contract Act 1872's provisions on novation and Section 62 regarding discharge of original contracts. It provides explanations and examples of different types of novation:
1) Change in terms of the original contract where the parties remain the same but new altered terms substitute the old contract.
2) Complete substitution of parties where a new party takes responsibility of an obligation in place of the original party, with consent of all parties.
It also discusses provisions of Section 63 allowing a promisee to dispense with performance, accept alternate satisfaction, or extend time for performance without consideration. Key requirements and case laws are presented.
This document summarizes cases related to the discharge of contracts through performance, agreement, breach, and frustration. It provides examples of when contracts can and cannot be discharged through each method. It also discusses the effects of a finding of frustration, such as allowing recovery of payments made prior to the frustrating event. The document is intended to serve as a reference for students studying contract law.
The document discusses various aspects of discharge and performance of contracts such as actual performance, attempted performance, tender of performance, parties that can demand performance like promisees and third parties, modes of discharge like agreement between parties, operation of law, and impossibility of performance. It also discusses breach of contracts, types of damages for breach, and specific relief.
There are several ways a contractual obligation can terminate, including performance, agreement, breach, frustration, or operation of law. A contract can be discharged through full or attempted performance, novation, rescission, alteration, remission, waiver, or merger. Impossibility of performance can discharge a contract if the impossibility was unknown or unforeseen, or due to changes in law or outbreak of war. A contract's obligations can also end through lapse of time if no legal action is taken within the limitation period, or due to death, insolvency, unauthorized alterations or rights vesting in one person. Breach can be actual if at the due time or during performance, or anticipatory if declared before performance
A contract can be discharged in several ways, including performance, mutual agreement between parties, operation of law, lapse of time, or breach. Breach of contract occurs when one party fails to fulfill their obligations under the contract without a valid legal excuse. Remedies for breach include damages, specific performance, or termination of the contract.
This document discusses the concept of "time is of the essence" in contract law. It means that parties to an agreement must perform their obligations by the agreed upon deadline. If time is essential, failure to meet the deadline allows the other party to void the contract. The document outlines relevant sections of Indian contract law, case examples, and scenarios where time may or may not be essential depending on the nature of the contract. It concludes that the importance of time depends on the parties' intentions as expressed in the agreement or implied by their conduct.
Breach of contract - Legal Environment of Business - Business Law - Manu Melw...manumelwin
Parties to a lawful contract are bound to perform their respective obligations. But when one of the parties of a contract fails to perform his part of contract, he is said to have committed breach of contract.
Performance of Contract "PART 1" (Chapter 11) - Business LawSandeep Sharma
PPT on "Performance of Contract" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
(Meaning with suitable example & explanation).
The document summarizes a court case regarding the dissolution of a partnership between Ehsan Ali and Abbas Mirza. It states that disputes had arisen between the partners regarding the cotton business they ran together. Ehsan Ali, the plaintiff, alleges that Abbas Mirza, the defendant, pledged partnership assets without permission and failed to properly maintain accounts. Ehsan Ali requests that the court dissolve the partnership, appoint a receiver, order an accounting, and pass a final decree with costs in his favor.
This document discusses various ways in which a contract can be discharged or terminated, including through performance, mutual agreement, impossibility of performance, breach of contract, operation of law, or lapse of time. It describes two types of breach of contract: anticipatory breach, which occurs when a party demonstrates intention to break the contract before performance is due, and actual breach, which occurs when a party fails to perform an obligation under the contract at the required time. Finally, it outlines several remedies available to an aggrieved party in the case of breach of contract, such as recession of the contract, quantum meruit, specific performance, injunction, and damages.
The document discusses various aspects of contract law including performance of contracts, tender of performance, assignment of contracts, discharge of contracts, breach of contracts, and damages. It notes that the parties must perform their promises under a contract unless performance is excused. It also discusses types of assignment, ways a contract can be discharged including performance, impossibility, and agreement, remedies for breach including damages and specific performance, and rules for ascertaining damages.
This document discusses remedies for breach of contract. It outlines the different types of breaches, including anticipatory breach which occurs when a party demonstrates their intention to break the contract before it is due, and actual breach which occurs either on the due date of performance or during the course of performance.
The key remedies for breach of contract discussed are suit for rescission which cancels the contract, suit for damages which provides monetary compensation, suit for quantum meruit which compensates for work already performed, suit for specific performance which demands the defaulting party fulfill the contract terms, and suit for injunction which prohibits a party from taking a particular action. Examples are provided to illustrate each type of remedy.
This document discusses the various ways in which a contract can be discharged, including:
1) By performance or tender of performance by both parties.
2) By mutual consent through novation, rescission, alteration, remission, waiver or merger.
3) By impossibility of performance, which can be inherent, subsequent, or due to commercial impossibility, failure of a third party, or other events.
4) By operation of law due to events such as death, insolvency, or merger.
5) By lapse of time.
6) By breach of contract, which can be an actual or anticipatory breach.
This presentation is one of my assignment in Business Law Class in Sampoerna University. This presentation is about Termination of Contract.
Slide: PowerPoint 2013
Design by: Hedi Fauzi
Image: Google Image
If you want the original file for your reference, feel free to ask me via email: hedi.fauzi@hotmail.com with subject [SlideShare] (Your Subject)
B.law.pptx about how a contract is dischargedprasoona4
Here are the key points about discharge of a contract by attempted performance:
- Peter agreed to sell his laptop to John for Rs. 15,000 and deliver it within 2 days.
- Peter approached John the next day with the laptop to fulfill his promise of delivery.
- John refused to accept the laptop without any valid reason.
- Even though Peter did not complete actual performance by John accepting the laptop, Peter attempted to perform his obligation by delivering the laptop.
- John's refusal to accept the laptop without valid reason prevented actual performance.
- In such a case, where the promisor (Peter) attempts performance but the promisee (John) prevents it, the contract is discharged by attempted
Revocation & Discharge in sale of goods act.pptxprasoona4
Here are the key points about discharge of a contract by attempt of performance:
- Peter agreed to sell his laptop to John for Rs. 15,000 and deliver it within 2 days.
- Peter approached John the next day with the laptop to fulfill his promise of delivery.
- John refused to accept the laptop without any valid reason.
- Even though the actual performance did not occur due to John's refusal, Peter attempted to perform his obligation under the contract by delivering the laptop.
- An attempted performance, also known as tender, is sufficient to discharge the contractual obligations of the promisor if the promisee refuses without a valid reason.
- Therefore, in this case the contract stands discharged since
The document discusses various aspects of performing contracts including:
1. The requisites of a valid tender including being unconditional, for the whole quantity, by an authorized person, at the proper time and place, and to the proper person.
2. Circumstances where contracts do not need to be performed such as when performance becomes impossible or the parties agree to modify or rescind the contract.
3. Who is responsible for contract performance - the promisor, their agent, legal representatives, or a third party. Joint promisors' obligations can devolve through default or release.
4. Time and place of performance depends on what is specified in the contract or prescribed by the promisee
The document discusses various modes of discharge of a contract and remedies for breach of contract under Indian contract law. It explains that a contract can be discharged through performance, agreement between the parties, impossibility of performance, lapse of time, operation of law, or breach. In the case of breach, remedies for the injured party include rescission of contract, damages, specific performance, injunctions, and quasi-contracts which are obligations created by law.
The document discusses the different ways in which a contract can be discharged, including performance, breach, impossibility of performance, and agreement. It provides details on discharge by performance, discharge by breach of contract including actual and anticipatory breach, and the effects of anticipatory breach including the injured party's options to rescind the contract or keep it alive. Examples are given to illustrate anticipatory breach and the effects of the injured party's election to rescind or continue the contract.
The document discusses various concepts related to performance of contracts under Indian contract law, including:
1) An offer of performance by the promisor allows them to avoid being responsible for non-performance and does not cause them to lose their rights under the contract.
2) For a tender of performance to be valid, it must be unconditional, for the full amount, made by someone willing and able to perform, at the proper time and place and to the proper person.
3) Contracts can generally be performed by the promisor, their agent, legal representatives, or a third party accepted by the promisee. Reciprocal promises and issues regarding time and place of performance are also addressed.
Discharge of Contract "PART 1" (Chapter 12) - Business LawSandeep Sharma
PPT on "Discharge of Contract" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
(Meaning with suitable example & explanation)
Time place and manner of performance [46–50]Dr. Arun Verma
1. The document discusses various rules related to the performance of contracts under Indian contract law.
2. It addresses scenarios where no time is specified for performance, when time is specified but not hours, and cases where performance depends on application by the promisee.
3. The document also covers rules for reciprocal promises, order of performance, assignment of contracts, appropriation of payments among multiple debts owed to the same creditor, and other related topics.
The document discusses the Indian Contract Act 1872's provisions on novation and Section 62 regarding discharge of original contracts. It provides explanations and examples of different types of novation:
1) Change in terms of the original contract where the parties remain the same but new altered terms substitute the old contract.
2) Complete substitution of parties where a new party takes responsibility of an obligation in place of the original party, with consent of all parties.
It also discusses provisions of Section 63 allowing a promisee to dispense with performance, accept alternate satisfaction, or extend time for performance without consideration. Key requirements and case laws are presented.
This document summarizes cases related to the discharge of contracts through performance, agreement, breach, and frustration. It provides examples of when contracts can and cannot be discharged through each method. It also discusses the effects of a finding of frustration, such as allowing recovery of payments made prior to the frustrating event. The document is intended to serve as a reference for students studying contract law.
The document discusses various aspects of discharge and performance of contracts such as actual performance, attempted performance, tender of performance, parties that can demand performance like promisees and third parties, modes of discharge like agreement between parties, operation of law, and impossibility of performance. It also discusses breach of contracts, types of damages for breach, and specific relief.
There are several ways a contractual obligation can terminate, including performance, agreement, breach, frustration, or operation of law. A contract can be discharged through full or attempted performance, novation, rescission, alteration, remission, waiver, or merger. Impossibility of performance can discharge a contract if the impossibility was unknown or unforeseen, or due to changes in law or outbreak of war. A contract's obligations can also end through lapse of time if no legal action is taken within the limitation period, or due to death, insolvency, unauthorized alterations or rights vesting in one person. Breach can be actual if at the due time or during performance, or anticipatory if declared before performance
A contract can be discharged in several ways, including performance, mutual agreement between parties, operation of law, lapse of time, or breach. Breach of contract occurs when one party fails to fulfill their obligations under the contract without a valid legal excuse. Remedies for breach include damages, specific performance, or termination of the contract.
This document discusses the concept of "time is of the essence" in contract law. It means that parties to an agreement must perform their obligations by the agreed upon deadline. If time is essential, failure to meet the deadline allows the other party to void the contract. The document outlines relevant sections of Indian contract law, case examples, and scenarios where time may or may not be essential depending on the nature of the contract. It concludes that the importance of time depends on the parties' intentions as expressed in the agreement or implied by their conduct.
Breach of contract - Legal Environment of Business - Business Law - Manu Melw...manumelwin
Parties to a lawful contract are bound to perform their respective obligations. But when one of the parties of a contract fails to perform his part of contract, he is said to have committed breach of contract.
Performance of Contract "PART 1" (Chapter 11) - Business LawSandeep Sharma
PPT on "Performance of Contract" for BBA & B.Com 1st year students, CA, CPT, CS & CMA Foundation.
Business Law PPT by Sandeep Sharma.
(Meaning with suitable example & explanation).
The document summarizes a court case regarding the dissolution of a partnership between Ehsan Ali and Abbas Mirza. It states that disputes had arisen between the partners regarding the cotton business they ran together. Ehsan Ali, the plaintiff, alleges that Abbas Mirza, the defendant, pledged partnership assets without permission and failed to properly maintain accounts. Ehsan Ali requests that the court dissolve the partnership, appoint a receiver, order an accounting, and pass a final decree with costs in his favor.
This document discusses various ways in which a contract can be discharged or terminated, including through performance, mutual agreement, impossibility of performance, breach of contract, operation of law, or lapse of time. It describes two types of breach of contract: anticipatory breach, which occurs when a party demonstrates intention to break the contract before performance is due, and actual breach, which occurs when a party fails to perform an obligation under the contract at the required time. Finally, it outlines several remedies available to an aggrieved party in the case of breach of contract, such as recession of the contract, quantum meruit, specific performance, injunction, and damages.
The document discusses various aspects of contract law including performance of contracts, tender of performance, assignment of contracts, discharge of contracts, breach of contracts, and damages. It notes that the parties must perform their promises under a contract unless performance is excused. It also discusses types of assignment, ways a contract can be discharged including performance, impossibility, and agreement, remedies for breach including damages and specific performance, and rules for ascertaining damages.
This document discusses remedies for breach of contract. It outlines the different types of breaches, including anticipatory breach which occurs when a party demonstrates their intention to break the contract before it is due, and actual breach which occurs either on the due date of performance or during the course of performance.
The key remedies for breach of contract discussed are suit for rescission which cancels the contract, suit for damages which provides monetary compensation, suit for quantum meruit which compensates for work already performed, suit for specific performance which demands the defaulting party fulfill the contract terms, and suit for injunction which prohibits a party from taking a particular action. Examples are provided to illustrate each type of remedy.
This document discusses the various ways in which a contract can be discharged, including:
1) By performance or tender of performance by both parties.
2) By mutual consent through novation, rescission, alteration, remission, waiver or merger.
3) By impossibility of performance, which can be inherent, subsequent, or due to commercial impossibility, failure of a third party, or other events.
4) By operation of law due to events such as death, insolvency, or merger.
5) By lapse of time.
6) By breach of contract, which can be an actual or anticipatory breach.
This presentation is one of my assignment in Business Law Class in Sampoerna University. This presentation is about Termination of Contract.
Slide: PowerPoint 2013
Design by: Hedi Fauzi
Image: Google Image
If you want the original file for your reference, feel free to ask me via email: hedi.fauzi@hotmail.com with subject [SlideShare] (Your Subject)
B.law.pptx about how a contract is dischargedprasoona4
Here are the key points about discharge of a contract by attempted performance:
- Peter agreed to sell his laptop to John for Rs. 15,000 and deliver it within 2 days.
- Peter approached John the next day with the laptop to fulfill his promise of delivery.
- John refused to accept the laptop without any valid reason.
- Even though Peter did not complete actual performance by John accepting the laptop, Peter attempted to perform his obligation by delivering the laptop.
- John's refusal to accept the laptop without valid reason prevented actual performance.
- In such a case, where the promisor (Peter) attempts performance but the promisee (John) prevents it, the contract is discharged by attempted
Revocation & Discharge in sale of goods act.pptxprasoona4
Here are the key points about discharge of a contract by attempt of performance:
- Peter agreed to sell his laptop to John for Rs. 15,000 and deliver it within 2 days.
- Peter approached John the next day with the laptop to fulfill his promise of delivery.
- John refused to accept the laptop without any valid reason.
- Even though the actual performance did not occur due to John's refusal, Peter attempted to perform his obligation under the contract by delivering the laptop.
- An attempted performance, also known as tender, is sufficient to discharge the contractual obligations of the promisor if the promisee refuses without a valid reason.
- Therefore, in this case the contract stands discharged since
Business Regulations - Discharge of contract with proper examples a ContractSyedaAyeshaTabassum1
The document discusses the various modes of discharge of a contract. It explains that discharge means termination of the contractual relationship between parties. A contract can be discharged through performance, agreement/consent, impossibility of performance, lapse of time, operation of law, or breach. Key modes discussed include discharge by performance when both parties fulfill their obligations, discharge by agreement/consent such as novation or rescission, and discharge by breach which occurs when a party fails to perform. Remedies for breach include rescission, damages, quantum meruit, specific performance, and injunction.
A contract can be discharged through several modes, including by agreement between the parties, operation of law, breach of contract terms, performance, or impossibility of performance. The key modes of discharge discussed in the document are discharge by agreement such as novation (replacing one contract with another), alteration (changing contract terms), rescission (cancellation), or remission (accepting partial performance). A contract is also discharged when the obligations are fully performed or made impossible to perform. Breach of contract terms by either party can lead to remedies for the injured party such as cancellation, restitution, specific performance, injunctions, or damages.
This document discusses various remedies available for breach of contract, including suits for rescission, damages, quantum meruit, specific performance, and injunction. A suit for rescission allows cancelling the contract if one party breaches, discharging their obligations. Suits for damages and quantum meruit provide monetary compensation for losses due to breach. Specific performance requires a party to actually perform the contractual obligations. An injunction restrains a party from breaching negative terms of a contract.
This document discusses various remedies available for breach of contract, including rescission, damages, quantum meruit, specific performance, and injunction. It defines each remedy and provides examples to illustrate how they apply. Rescission cancels the contract, damages provide monetary compensation, quantum meruit pays for work completed, specific performance requires carrying out the contract terms, and injunction restrains prohibited actions.
This document summarizes various remedies available for breach of contract, including rescission, damages, quantum meruit, specific performance, and injunction. It defines each remedy and provides examples to illustrate when each would apply. Rescission cancels the contract, allowing the non-breaching party to be discharged from obligations. Damages compensate for losses from the breach. Quantum meruit pays for work completed if a contract is terminated before completion. Specific performance requires actual fulfillment of contractual obligations. An injunction restrains a breaching party from prohibited actions.
This document summarizes the different ways a contract can be discharged. It discusses discharge by performance when both parties fulfill their obligations, discharge by breach when one party fails to meet their obligations, discharge by agreement when parties mutually agree to end the contract, and discharge by frustration when an unforeseen event makes performance impossible. Remedies for breach of contract are also outlined, including damages to compensate for losses, quantum meruit payments for partial work, and specific performance or injunctions to enforce the contract.
The document discusses various aspects of wagering agreements and quasi contracts under Indian contract law. It defines wagering agreements as agreements to pay money based on uncertain future events, and notes they are generally void but some exceptions exist. Quasi contracts are discussed as resembling contracts but lacking formal agreement - the law still imposes obligations. Remedies for breach of contract include rescission, damages under ordinary and special rules, and liquidated damages versus penalties are distinguished.
This document discusses breach of contract and its remedies. It defines breach of contract as the failure of one party to perform their contractual obligations. There are two types of breach: anticipatory breach, where a party declares they will not perform before the due date, and actual breach, which occurs on or after the due date. When a breach occurs, the aggrieved party has several legal remedies, including rescission of the contract, damages to compensate for losses, quantum meruit to recover payment for work already completed, specific performance which requires the breaching party to fulfill the contract, and injunction to prevent actions prohibited by the contract.
This document discusses remedies for breach of contract. It outlines the different types of breaches that can occur, including anticipatory breach and actual breach. It then describes the main remedies available in lawsuits for breach of contract, including suits for rescission, damages, quantum meruit, specific performance, and injunction. Suits for rescission allow cancellation of the contract, while suits for damages provide monetary compensation for losses. Suits for quantum meruit compensate for work already performed. Suits for specific performance and injunction can require a breaching party to fulfill their obligations or prevent future actions, respectively.
1) A contingent contract is one where performance depends on an uncertain future event outside the parties' control. Contingent contracts can only be enforced after the event occurs. If the event becomes impossible, the contract is void.
2) For contracts contingent on a specified event happening within a fixed time, if the event does not occur by the expiration of the time, the contract becomes void.
3) A valid tender of performance must be unconditional, made at the proper time and place, and allow the promisee to reasonably ascertain that performance will be rendered.
4) For joint promises, any joint promisor can be compelled to fully perform unless otherwise agreed. A release of one joint promisor
This document discusses various ways in which a contract can be discharged or terminated, including:
1. By performance or tender of performance by both parties
2. By mutual consent through methods like novation, rescission, alteration, or waiver
3. By impossibility of performance if the subject matter is destroyed or performance becomes impossible
4. By operation of law due to events like death, insolvency, or loss of evidence
5. By lapse of time if the period of limitations expires
6. By breach of contract if one party fails to perform their obligations
It then outlines several remedies available to an injured party for breach of contract, such as damages, rescission, specific performance
Contracts can be classified based on formation, validity, and performance. Formation includes express, implied, and quasi-contracts. Validity looks at valid, void, voidable, and illegal contracts. Performance distinguishes executed, executory, unilateral, and bilateral contracts.
A breach of contract occurs when a party fails to perform their obligations under the contract. Remedies for breach include rescission of contract, damages, specific performance where a breaching party must fulfill their duties, injunction to prevent prohibited acts, and quantum meruit for partial performance. Damages are further specified as ordinary, special, exemplary, and nominal depending on the type and circumstances of loss from the breach.
This document discusses breach of contract, including the meaning of breach of contract, types of remedies for breach of contract, and specific remedies like rescission, damages, quantum meruit, specific performance, and injunction. It defines breach of contract as the failure of a party to perform their obligations under a contract. The key remedies discussed are suits for rescission, damages, quantum meruit, specific performance, and injunction. Rescission cancels the contract, damages provide monetary compensation, and specific performance, injunction, and quantum meruit compel performance or payment for work completed.
There are several modes through which a contract can be discharged or terminated, including performance, agreement between the parties, impossibility of performance, lapse of time, operation of law, and breach. Discharge by performance occurs when both parties fulfill their contractual obligations. Parties can also discharge a contract through agreement such as novation, rescission, alteration, remission or waiver. Impossibility, such as destruction of the subject matter or change in law, can discharge contracts. Lapse of time and certain legal events like death can also terminate contractual obligations. Breach of contract, either actual or anticipatory, provides another avenue for discharge.
The document provides an overview of business law and the Indian Contract Act of 1872. It defines what a contract is and lists the essential elements of a valid contract, including offer and acceptance, lawful consideration, capacity and consent of parties, lawful object, and certainty. It also discusses classification of contracts, modes of revocation of an offer, remedies for breach of contract such as damages and specific performance, and ways a contract can be discharged including performance, agreement of parties, and breach.
A breach of contract occurs when a party fails to perform their obligations under the contract. There are two types of breaches: anticipatory breach and actual breach. An anticipatory breach happens when a party indicates they do not intend to fulfill their contractual duties before the time for performance. An actual breach occurs when a party fails to perform on the date required or fails to complete performance of the contract. When a breach occurs, the non-breaching party has several potential legal remedies, including suits for rescission, damages, quantum meruit, specific performance, and injunction.
The document provides an overview of key concepts in Indian contract law:
1. It summarizes the history and provisions of the Indian Contract Act of 1872, which forms the basis of contract law in India except Jammu and Kashmir.
2. It defines a contract and lists the essential elements for a valid contract, including offer and acceptance, lawful consideration, free consent, and lawful object.
3. It discusses different classifications of contracts such as valid, void, voidable, and illegal agreements. It also summarizes the modes of revocation of an offer.
4. Remedies for breach of contract are outlined, including cancellation, restitution, specific performance, injunctions, quantum meruit,
Indonesian Manpower Regulation on Severance Pay for Retiring Private Sector E...AHRP Law Firm
Law Number 13 of 2003 on Manpower has been partially revoked and amended several times, with the latest amendment made through Law Number 6 of 2023. Attention is drawn to a specific part of the Manpower Law concerning severance pay. This aspect is undoubtedly one of the most crucial parts regulated by the Manpower Law. It is essential for both employers and employees to abide by the law, fulfill their obligations, and retain their rights regarding this matter.
Capital Punishment by Saif Javed (LLM)ppt.pptxOmGod1
This PowerPoint presentation, titled "Capital Punishment in India: Constitutionality and Rarest of Rare Principle," is a comprehensive exploration of the death penalty within the Indian criminal justice system. Authored by Saif Javed, an LL.M student specializing in Criminal Law and Criminology at Kazi Nazrul University, the presentation delves into the constitutional aspects and ethical debates surrounding capital punishment. It examines key legal provisions, significant case laws, and the specific categories of offenders excluded from the death penalty. The presentation also discusses recent recommendations by the Law Commission of India regarding the gradual abolishment of capital punishment, except for terrorism-related offenses. This detailed analysis aims to foster informed discussions on the future of the death penalty in India.
2. A contract creates certain obligations on one or all
parties involved. The discharge of a contract happens
when these obligations come to an end. There are
many ways in which a contract is discharged.
3. When the parties to a contract fulfill the obligations arising
under the contract within the time and manner prescribed,
then the contract is discharged by performance.
TYRION agrees to sell his cycle to JAIME for an amount of
Rs 10,000. As soon as the cycle is delivered, JAIME pays the
promised amount.Since both the parties to the contract
fulfilled their obligation arising under the contract, it is
discharged by performance.
Discharge by the performance of a contract can be by:
Actual performance
Attempted performance
4. As shown in the example previously, actual
performance is when all the parties to a contract do
what they had agreed for under the contract.
On the other hand, it is possible that when the
promisor attempts to perform his promise, the
promisee refuses to accept it. In such cases, it is called
attempted performance or tender.
5. If all parties to a contract mutually agree to replace the
contract with a new one or annul or remit or alter it,
then it leads to a discharge of the original contract due
to a mutual agreement.
Baratheon owes Rs 100,000 to Iron Bank and agrees to
repay it within one year. They document the debt
under a contract. Subsequently, he loses his job and
requests Iron Bank to accept Rs 75,000 as a final
settlement of the loan. Iron Bank agrees and they
make a contract to that effect. This discharges the
original contract due to mutual consent.
6. If it is impossible for any of the parties to the contract to perform
their obligations, then the impossibility of performance leads to
a discharge of the contract. If the impossibility exists from the
start, then it is impossibility ab-initio. However, impossibility
might also arise due to:
An unforeseen change in the law
Destruction of the subject-matter essential to the performance
The non-existence or non-occurrence of a particular state of
things which was considered a given for the performance of the
contract
A declaration of war
Baratheon enters into a contract with stark to marry his daughter
Sansa within one year. However, Baratheon met with an accident
and becomes insane. The impossibility of performance leads to a
discharge of the contract.
7. The Limitation Act, 1963 prescribes a specified period for
performance of a contract. If the promisor fails to perform
and the promisee fails to take action within this specified
period, then the latter cannot seek remedy through law. It
discharges the contract due to the lapse of time.
Tommen takes a loan from Iron Bank and agrees to pay
installments every month for the next five years. However,
he does not pay even a single installment. Iron Bank calls
him a few times but then gets busy and takes no action.
Three years later, Iron Bank approaches the court to
recover this money. However, the court rejects their suit
since they have crossed the time-limit of three years to
recover debts.
8. Discharge of a Contract by Operation of Law
A contract can be discharged by operation of law
which includes insolvency or death of the promisor
9. If a party to a contract fails to perform his obligation according to the
time and place specified, then he is said to have committed a breach of
contract.
Also, if a party repudiates a contract before the agreed time of
performance of a contract, then he is said to have committed an
anticipatory breach of contract.
In both cases, the breach discharges the contract. In the case of:
In actual breach, the promisee retains his right of action for damages.
In anticipatory breach of contract, the promisee cannot file a suit for
damages. It also discharges the promisor from performing his part of
the contract.
10. A promisee can waive or remit the performance of
promise of a contract, wholly or in part. He can also
extend the time agreed for the performance of the
same.
Abc repays a part of the money he owes to Pqr.
However, Pqr agrees to accept it as a final settlement of
the debt. Abc’s act of remission discharges the
contract.
11. In many contracts, the promisee agrees to offer reasonable
facilities to the promisor for the performance of the contract. If
the promisee fails to do so, then the promisor is discharged of all
liabilities arising due to non-performance of the contract.
Viserys agrees to fix Drogo’s garage floor provided he keeps his
car out for at least 6 hours. Viserys approaches him a few times
but Drogo is reluctant to get his car out. Drogo fails to provide
reasonable facilities to Viserys (an empty floor). This discharges
him of all obligations arising under the contract.
12. It is possible that inferior and superior right coincides in the same
person. In such cases, both the rights combine leading to a discharge of
the contract governing the inferior rights.
Example: John rents Jaime’s apartment named CasterlyRock for 2 years.
1 year into the contract, he offers to buy the property from Jaime, who
agrees. They enter a sale contract and John becomes the owner of
CasterlyRock. Here John has two rights; one accorded by the lease
agreement making him the renter and second by the sale agreement
making him the owner. The former being an inferior right merges with
the superior one and discharges the lease contract.
13. Rob agrees to sell his laptop to John for an amount of
Rs 15,000. He also promises to deliver it within 2 days.
The next day, when Rob approached John with his
laptop, John refuses to accept it without any valid
reason. Is the contract discharged?
14. Ans: Yes, in the above case the contract is
discharged. The contract is discharged since Rob
attempted the performance of his promise
15. A breach is a failure by a party to fulfill the obligations
under a contract. It is of two types, namely, anticipatory
breach and actual breach
breach of contract before the time of performance.
if a promisor denies to perform his promise and signifies
his unwillingness before the time for performance, then it
is an anticipatory breach of contract.
16. The promisor can convey his unwillingness either by:
Expressing it in words (spoken or written)
Implying it by his conduct
Joffrey enters into a contract with Baelish on May 30, 2018. In the
contract, Joffrey agrees to sell his house to Baelish provided he
receives a token amount of Rs 5,00,000 from Baelish on or before
June 30, 2018. However, on June 15, 2018, Baelish informs Joffrey
that he will not be able to provide the token amount on the said
date, thereby expressing rejection of the contract.
17. Cersei enters into a contract with Daenerys on June 01,
2018. As per the contract, Cersei agrees to sell her
guitar to Daenerys on June 10, 2018, for an amount of
Rs 5,000. However, she sells this guitar to Greyjoy on
June 07, 2018.
anticipatory breach of contract due to Cersei ’s
conduct.
18. S. 39 - “When a party to a contract has refused to
perform or disable himself from performing, his
promise in its entirety, the promisee may put an end to
the contract, unless he has signified, but words or
conduct, his acquiescence in its continuance.”
19. When a promisor refuses to perform his promise leading to an
anticipatory breach of contract, the promisee is excused from
performance or from further performance of his obligations
Promisee can:
Treat the contract as cancelled and file a suit against the other party for
damages arising from the breach.
OR
Choose not to cancel the contract but treat it as an operative and wait
until the time of performance has passed before holding the other
party responsible for the damages caused due to non-performance.
20. While an anticipatory breach is before the time of performance, an
actual breach of contract is on the scheduled time of performance of
the contract.
An actual breach of contract can be committed either:
1] At the time when the Performance of the Contract is Due
2] During the Performance of the Contract
An actual breach of contract can also occur when one party fails to
perform his obligation, during the performance of the contract. This
refusal can be expressed in words or by action.
21. Q1. Podrick is a singer. He enters into a contract with Brienne
who is the manager of a music club. As per the terms of the
contract, Podrick promises to sing every Friday and Saturday
night for two hours during the next six months, in exchange for a
payment of Rs 2,000 per hour. On the fifth night, Podrick
wilfully absents himself. Can Brienne end the contract?
Another scenario- Brienne allows Podrick to sing on the sixth
night despite his unplanned absence on the fifth night. Can
Brienne end the contract and sue Podrick for damages?
22. Answer: Yes. Brienne can end the contract and file a
suit for damages since Podrick has shown his
unwillingness to perform the contract through his
conduct.
23. Answer: In this case, since Brienne expresses her
consent for the continuance of the contract through
her actions, she cannot end the same. However, she is
entitled to compensation for the damages sustained
due to Podrick’s unavailability on the fifth night.
24. Because of a supervening event performance becomes
impossible and in such cases promisor is excused from the
performance of the contract.
A agreed to give B a music hall and gardens for holding concerts
on 5 different dates, against payment of 500 USD/day. Before the
first date of concert the hall was destroyed by Fire.
Held- perishing of the hall without any fault on the part of A’ –
MADE THE PERFORMANCE IMPOSSIBLE- A’ not liable for
non-performance.
25. Impossibility U/S.56 extends to physical impossibility
and also situations where the performance cannot be
literally impossible but because of change in
circumstances, the performance would not fulfil the
object which the parties had in mind
(Satyabrata Ghose V.Mugneeram : Sushila Devi V. Hari
Singh : Har Prasad Chaubey V. Union of India)
26. A hired B’s Flat for June 26th & 27th 1902 to watch the
coronation procession of King Edward VII. A’ paid some
advance rent and agreed to pay the balance subsequently.
Due to King’e illness the procession was cancelled. B sued
A for balance rent.
Held – not liable to recover as watching coronation
procession was the base of contract and change in
circumstances discharged parties from performance.
27. Suit for Damages
When a party breaks a promise, then the other parties
to the contract might suffer losses due to non-
performance of the obligation.
The Indian Contract Act, 1872, has laid down some
specific rules for filing a suit for damages in such cases.
28. The ground rule is, on the breach of a contract, it is the entitlement of the
suffering party to receive compensation from the party who breaks the contract
for losses sustained due to the breach.
Rules:
The suffering party can claim compensation for any loss arising naturally in the
usual course of events.
Even if the party knew that on the breach of the contract, they might suffer
certain losses, he can claim compensation.
Special damages, if any, can be claimed only if the suffering party has given
notice about it earlier. Also, the party suffering a loss is expected to take
reasonable steps to minimize it.
The suffering party cannot claim compensation for indirect or remote
losses/damages.
29. Bronn agrees to sell and deliver 50 kilograms of rice to
Jorah for Rs 5,000. The amount is to be paid on delivery.
However, Bronn fails to perform the promise. Jorah buys 50
kilograms of rice from a neighbourhood trader Tarly for Rs
6,000. Jorah can claim compensation from Bronn.
The compensation amount is the additional amount that
Jorah had to pay to procure the same quantity of rice of
similar quality from Tarly. In this case, it is Rs 1,000.
30. 1] Ordinary damages
On the breach of a contract, the suffering party may incur some
damages arising naturally, in the usual course of events. Even if the
suffering party knew about the likely damages if the contract was
breached, he can claim compensation for such losses.
Bran agrees to sell and deliver 10 bags of potatoes to John for Rs 5,000
after two months. On the date of delivery, the price of potatoes
increases and Bran refuses to perform his promise. John purchases 10
bags of potatoes for Rs 5,500. He can receive Rs 500 from Bran as
ordinary damages arising directly from the breach.
31. 2] Special Damages
A party to a contract might receive a notice of special circumstances
affecting the contract. In such cases, if he breaches the contract, he is
liable for the ordinary damages plus the special damages.
Q. Tyrion hired the services of Oberyn, a goods transporter, to deliver a
machine to his factory urgently. He also informed Oberyn that his
business has stopped for want of the machine. However, Oberyn
delayed the delivery of the machine by an unreasonable amount of
time. Tyrion missed out on a huge order since he didn’t have the
machine with him.
32. In this case, Tyrion can claim compensation from
Oberyn. The compensation amount will include the
amount of profit he could have made by running his
factory during the period of delay.
However, he cannot claim the profits that he would
have made if he got the contract since Oberyn was not
made aware of the same.
33. There are two scenarios for awarding vindictive or exemplary damages:
Breach of a promise to marry because it causes injury to his/her feelings
Wrongful dishonour of cheque by a banker because it causes loss of reputation and
credibility.
In case of a wrongful dishonour of cheque from a businessman, the compensation
will include exemplary damages even if he has not suffered any financial loss.
However, a non-trader is not awarded heavy compensation unless the damages are
alleged and proved as special damages.
Peter is a farmer. He issues a cheque for procuring seeds for his next crop. He has
sufficient funds in his account but the bank erroneously dishonours the cheque.
Peter files a suit claiming compensation for damages to his reputation. The Court
awards a nominal amount as damages since Peter is not a trader.
34. 4] Nominal Damages
If a party to a contract files a suit for losses but proves that while there
has been a breach of contract, he has not suffered any real losses, then
compensation for nominal damages is awarded. This is done to
establish the right to a decree for a breach of contract. Also, the amount
can be as low as Re 1.
5] Damages for Deterioration caused by Delay
In cases where goods are being transported by a carrier and he delays
the delivery of goods causing them to deteriorate, the affected party
can file a suit for damages for deterioration by delay.
Deterioration can mean physical damage to the goods and/or loss of a
special opportunity for sale.
35. 6] Pre-fixed damages
During the formation of a contract, the parties might stipulate
payment of a certain amount as compensation upon the breach
of the contract. This amount can be a reasonable estimate of the
likely loss in case of a breach or a penalty.
Under Section 74 , it is specified that if an amount is mentioned
in a contract as the sum to be paid in case of a breach, then the
suffering party is entitled to reasonable compensation, not
exceeding the amount specified.
36. Q: If the contract specifies the penalty amount as Rs
100,000 and the actual loss due to the breach is Rs
70,000. What will be the damages?
37. Ans: If the contract specifies the penalty amount as Rs
100,000 and the actual loss due to the breach is Rs
70,000, then the compensation awarded to the
suffering party is Rs 70,000. On the other hand, if the
suffering party sustains a loss of Rs 150,000, the
compensation awarded will be Rs 100,000 and NOT
the actual loss sustained