This document discusses remedies for breach of contract. It defines breach of contract as the failure to perform contractual obligations. There are several remedies for breach, including rescission of the contract, suits for damages, quantum meruit, specific performance, and injunction. Suits for damages award monetary compensation to put the injured party in the position they would have been in had the contract been performed. Specific performance orders the breaching party to fulfill their contractual obligations. Injunction restrains a party from breaching a negative contractual term.
The document discusses various remedies available for breach of contract, including:
1) Rescission of the contract, allowing the non-breaching party to treat the contract as void and be absolved of obligations.
2) Damages, providing monetary compensation to put the injured party in the position they would have been in had the contract been performed.
3) Quantum meruit, allowing recovery based on implied promise to pay for work performed when a contract is discharged before completion.
4) Specific performance, a court order directing a breaching party to fulfill their contractual obligations.
5) Injunction, a court order restraining a party from breaching a negative obligation in a contract.
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
A breach of contract occurs when one party fails to perform their obligations under the terms of a binding agreement. There are two types of breach - anticipatory and actual. Remedies for breach include suing for damages or compensation, an injunction, quantum meruit, rescission of the contract, or specific performance. Damages can be ordinary, special, exemplary, nominal, pre-fixed, or for deterioration. The landmark Hadley v. Baxendale case established that damages must have been foreseeable or naturally arise from the breach.
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.
There are several remedies available when a contract is breached, including rescission of the contract, suits for damages, specific performance, injunction, or quantum meruit. Rescission allows the non-breaching party to terminate the contract. Suits for damages compensate for financial losses from the breach. Specific performance requires the breaching party to fulfill their contractual obligations. Injunctions prohibit parties from breaching negative terms. Quantum meruit pays for work already performed if full performance is impossible.
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.
The document discusses various classifications and remedies for breach of contract under Indian contract law. It defines valid, void, and voidable contracts and explains how contracts can be classified based on validity, formation, performance, and other factors. It also discusses different types of damages that can be awarded in cases of breach, including ordinary, special, exemplary, and nominal damages. The duty of the injured party to mitigate damages is also summarized.
The document discusses various remedies available for breach of contract, including:
1) Rescission of the contract, allowing the non-breaching party to treat the contract as void and be absolved of obligations.
2) Damages, providing monetary compensation to put the injured party in the position they would have been in had the contract been performed.
3) Quantum meruit, allowing recovery based on implied promise to pay for work performed when a contract is discharged before completion.
4) Specific performance, a court order directing a breaching party to fulfill their contractual obligations.
5) Injunction, a court order restraining a party from breaching a negative obligation in a contract.
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
A breach of contract occurs when one party fails to perform their obligations under the terms of a binding agreement. There are two types of breach - anticipatory and actual. Remedies for breach include suing for damages or compensation, an injunction, quantum meruit, rescission of the contract, or specific performance. Damages can be ordinary, special, exemplary, nominal, pre-fixed, or for deterioration. The landmark Hadley v. Baxendale case established that damages must have been foreseeable or naturally arise from the breach.
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.
There are several remedies available when a contract is breached, including rescission of the contract, suits for damages, specific performance, injunction, or quantum meruit. Rescission allows the non-breaching party to terminate the contract. Suits for damages compensate for financial losses from the breach. Specific performance requires the breaching party to fulfill their contractual obligations. Injunctions prohibit parties from breaching negative terms. Quantum meruit pays for work already performed if full performance is impossible.
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.
The document discusses various classifications and remedies for breach of contract under Indian contract law. It defines valid, void, and voidable contracts and explains how contracts can be classified based on validity, formation, performance, and other factors. It also discusses different types of damages that can be awarded in cases of breach, including ordinary, special, exemplary, and nominal damages. The duty of the injured party to mitigate damages is also summarized.
This document discusses various ways in which a contract can be discharged or terminated, including by performance, mutual agreement, breach of contract, impossibility of performance, or by operation of law. It defines different types of breaches, including material breach, minor breach, anticipatory breach, and actual breach. For each type of breach, an example is provided. The document also discusses remedies available to an injured party for breach of contract, including recession of contract, suit for damages, suit upon quantum meruit, suit for specific performance, and suit for injunction.
This document discusses various ways in which a contract can be discharged or terminated, including by performance, mutual agreement, breach of contract, impossibility of performance, or by operation of law. It defines different types of breaches, including material breach, minor breach, anticipatory breach, and actual breach. For each type of breach, an example is provided. The document also discusses remedies available to an injured party for breach of contract, including recession of contract, suit for damages, suit upon quantum meruit, suit for specific performance, and suit for injunction.
This document discusses various remedies available for an injured party when there is a breach of contract by the other party. These include rescission of contract, claim for specific performance, injunction, quantum merit, and damages. It provides examples and explanations of each type of remedy. Damages can include ordinary damages, special damages, exemplary/vindictive damages, and nominal damages. Factors affecting specific performance and types of damages are also outlined.
Breach of contract and its remedies indian contract act9789189793
This document discusses various remedies available for an injured party when there is a breach of contract by the other party. These include rescission of contract, claim for specific performance, injunction, quantum merit, and damages. It provides examples and explanations of each type of remedy. Damages can include ordinary damages, special damages, exemplary/vindictive damages, and nominal damages. Factors affecting specific performance and types of damages are also outlined.
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.
This document outlines various remedies for breach of contract, including rescission of the contract, suits for damages, suits on quantum meruit, suits for specific performance, and suits for injunction. Rescission involves revoking the contract and restoring the original positions of the parties. Suits for damages compensate the injured party, including ordinary damages to make up the loss, special damages for additional losses, and punitive damages in some cases. Suits on quantum meruit determine payment for services when no formal contract exists. Suits for specific performance order the guilty party to fulfill their contractual obligations. Suits for injunction require a party to do or refrain from certain acts as ordered by the court.
This document summarizes key concepts related to the discharge and breach of contracts, as well as remedies available when contracts are breached. It discusses how contracts can be discharged through performance, mutual agreement, breach, impossibility of performance or operation of law. It defines different types of breaches including material breach, minor breach, anticipatory breach and actual breach. The document also outlines various remedies available to injured parties, including rescission of contract, damages (compensatory, general, special, exemplary, nominal, contemptuous), quantum meruit, suit for specific performance, and suit for injunction. It provides examples for many of these concepts.
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.
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.
Performance of Contracts to students.pptxSharleeDekate
The document discusses various aspects of performance and discharge of contracts under legal principles. It covers topics such as types of performance including performance by third parties and joint promisors. It also discusses discharge of contracts through mutual performance, agreement, and breach. In cases of breach, it examines available remedies like damages, specific performance, injunctions, and quasi-contracts. Damages are further classified into compensatory, nominal, consequential, punitive, and liquidated damages versus penalties.
This document discusses various remedies under contract law for breach of contract, including suits for rescission, damages, quantum meruit, specific performance, and injunction. A suit for rescission allows cancellation of the contract and compensation for the aggrieved party. Damages include ordinary, special, exemplary, liquidated, and nominal damages to compensate for losses. Quantum meruit applies when an agreement is void or services were provided without agreed compensation. Specific performance requires fulfilling contractual obligations when monetary compensation is insufficient. An injunction restrains a breaching party from violating promises not to perform certain acts.
The document discusses the key aspects of contract law in India including the definition of a contract, essential elements of a valid contract, types of contracts, remedies for breach of contract, discharge of contracts, indemnity agreements, guarantees, partnership law, negotiable instruments, sale of goods act, and company law. It provides definitions, explanations, and examples related to these various legal topics under Indian contract and commercial law.
The document discusses performance and discharge of contracts. It defines performance of a contract as both parties fulfilling their obligations. There are different types of performance including actual, substantial, and attempted. A contract can be performed by the promisor, agent, legal representative, third person, or joint promisors.
A contract is discharged when the obligations end, which can occur through performance, agreement, lapse of time, impossibility, operation of law, accord and satisfaction, or breach. If a contract is breached, remedies for the non-breaching party include rescission, damages, specific performance, injunction, and quantum meruit. Sureties have rights against the principal debtor, creditor, and co-
Quasi contracts are obligations imposed by law that are not true contracts as one or more essential elements of a contract are missing. They are based on principles of equity and justice to prevent unjust enrichment. Some types of quasi contracts include recovery of money paid by mistake or under coercion, or for necessaries provided. Quantum meruit allows recovery of payment for work done even if the full contract is not completed, in proportion to the work performed. Breach of contract involves failing to meet obligations of an agreement. Available remedies for the injured party include rescission, damages, specific performance, injunctions, and quantum meruit claims.
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.
There are several remedies available for a breach of contract, including rescission of the contract, suits for damages, and specific performance. Damages awarded can include ordinary damages to compensate for natural and direct losses, special damages for unusual losses contemplated by the parties, and in rare cases exemplary damages to punish particularly egregious breaches. Other remedies are suits on quantum meruit if a contract is only partially performed, injunctions to prevent future breaches, and restitution to return benefits received under a void contract.
There are several remedies available for a breach of contract, including rescission of the contract, suits for damages, and specific performance. Damages awarded for breach of contract aim to compensate the injured party for losses directly resulting from the breach, and can include ordinary, special, nominal, or exemplary damages depending on the circumstances. The injured party may also sue for specific performance to enforce the contract, seek an injunction preventing further breach, or pursue restitution of benefits received under a void contract.
Specific performance, can parties contract outjoseph-omwenga
Specific performance is a court order requiring a party to fulfill their contractual obligations. It is a discretionary remedy granted when monetary damages are inadequate. Certain types of contracts, such as those involving land or unique goods, are more likely to receive specific performance. Parties can generally contract out of specific performance by including damages provisions or defenses to the remedy. However, courts may scrutinize such provisions between parties with unequal bargaining power.
Breach of contract occurs when one party fails to meet their obligations under a contract. There are three main types of breach: anticipatory breach, where a party signals they will not perform before the deadline; actual breach, where a party fails to perform by the deadline or makes performance impossible; and partial breach, where a non-material part of the contract is breached. When a breach occurs, the innocent party is entitled to damages to put them in the position they would have been in if the contract was fulfilled. Remedies for the innocent party include getting the breaching party to reconsider, contacting consumer forums, or suing for damages or specific performance.
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This document discusses various ways in which a contract can be discharged or terminated, including by performance, mutual agreement, breach of contract, impossibility of performance, or by operation of law. It defines different types of breaches, including material breach, minor breach, anticipatory breach, and actual breach. For each type of breach, an example is provided. The document also discusses remedies available to an injured party for breach of contract, including recession of contract, suit for damages, suit upon quantum meruit, suit for specific performance, and suit for injunction.
This document discusses various ways in which a contract can be discharged or terminated, including by performance, mutual agreement, breach of contract, impossibility of performance, or by operation of law. It defines different types of breaches, including material breach, minor breach, anticipatory breach, and actual breach. For each type of breach, an example is provided. The document also discusses remedies available to an injured party for breach of contract, including recession of contract, suit for damages, suit upon quantum meruit, suit for specific performance, and suit for injunction.
This document discusses various remedies available for an injured party when there is a breach of contract by the other party. These include rescission of contract, claim for specific performance, injunction, quantum merit, and damages. It provides examples and explanations of each type of remedy. Damages can include ordinary damages, special damages, exemplary/vindictive damages, and nominal damages. Factors affecting specific performance and types of damages are also outlined.
Breach of contract and its remedies indian contract act9789189793
This document discusses various remedies available for an injured party when there is a breach of contract by the other party. These include rescission of contract, claim for specific performance, injunction, quantum merit, and damages. It provides examples and explanations of each type of remedy. Damages can include ordinary damages, special damages, exemplary/vindictive damages, and nominal damages. Factors affecting specific performance and types of damages are also outlined.
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.
This document outlines various remedies for breach of contract, including rescission of the contract, suits for damages, suits on quantum meruit, suits for specific performance, and suits for injunction. Rescission involves revoking the contract and restoring the original positions of the parties. Suits for damages compensate the injured party, including ordinary damages to make up the loss, special damages for additional losses, and punitive damages in some cases. Suits on quantum meruit determine payment for services when no formal contract exists. Suits for specific performance order the guilty party to fulfill their contractual obligations. Suits for injunction require a party to do or refrain from certain acts as ordered by the court.
This document summarizes key concepts related to the discharge and breach of contracts, as well as remedies available when contracts are breached. It discusses how contracts can be discharged through performance, mutual agreement, breach, impossibility of performance or operation of law. It defines different types of breaches including material breach, minor breach, anticipatory breach and actual breach. The document also outlines various remedies available to injured parties, including rescission of contract, damages (compensatory, general, special, exemplary, nominal, contemptuous), quantum meruit, suit for specific performance, and suit for injunction. It provides examples for many of these concepts.
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.
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Performance of Contracts to students.pptxSharleeDekate
The document discusses various aspects of performance and discharge of contracts under legal principles. It covers topics such as types of performance including performance by third parties and joint promisors. It also discusses discharge of contracts through mutual performance, agreement, and breach. In cases of breach, it examines available remedies like damages, specific performance, injunctions, and quasi-contracts. Damages are further classified into compensatory, nominal, consequential, punitive, and liquidated damages versus penalties.
This document discusses various remedies under contract law for breach of contract, including suits for rescission, damages, quantum meruit, specific performance, and injunction. A suit for rescission allows cancellation of the contract and compensation for the aggrieved party. Damages include ordinary, special, exemplary, liquidated, and nominal damages to compensate for losses. Quantum meruit applies when an agreement is void or services were provided without agreed compensation. Specific performance requires fulfilling contractual obligations when monetary compensation is insufficient. An injunction restrains a breaching party from violating promises not to perform certain acts.
The document discusses the key aspects of contract law in India including the definition of a contract, essential elements of a valid contract, types of contracts, remedies for breach of contract, discharge of contracts, indemnity agreements, guarantees, partnership law, negotiable instruments, sale of goods act, and company law. It provides definitions, explanations, and examples related to these various legal topics under Indian contract and commercial law.
The document discusses performance and discharge of contracts. It defines performance of a contract as both parties fulfilling their obligations. There are different types of performance including actual, substantial, and attempted. A contract can be performed by the promisor, agent, legal representative, third person, or joint promisors.
A contract is discharged when the obligations end, which can occur through performance, agreement, lapse of time, impossibility, operation of law, accord and satisfaction, or breach. If a contract is breached, remedies for the non-breaching party include rescission, damages, specific performance, injunction, and quantum meruit. Sureties have rights against the principal debtor, creditor, and co-
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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.
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There are several remedies available for a breach of contract, including rescission of the contract, suits for damages, and specific performance. Damages awarded for breach of contract aim to compensate the injured party for losses directly resulting from the breach, and can include ordinary, special, nominal, or exemplary damages depending on the circumstances. The injured party may also sue for specific performance to enforce the contract, seek an injunction preventing further breach, or pursue restitution of benefits received under a void contract.
Specific performance, can parties contract outjoseph-omwenga
Specific performance is a court order requiring a party to fulfill their contractual obligations. It is a discretionary remedy granted when monetary damages are inadequate. Certain types of contracts, such as those involving land or unique goods, are more likely to receive specific performance. Parties can generally contract out of specific performance by including damages provisions or defenses to the remedy. However, courts may scrutinize such provisions between parties with unequal bargaining power.
Breach of contract occurs when one party fails to meet their obligations under a contract. There are three main types of breach: anticipatory breach, where a party signals they will not perform before the deadline; actual breach, where a party fails to perform by the deadline or makes performance impossible; and partial breach, where a non-material part of the contract is breached. When a breach occurs, the innocent party is entitled to damages to put them in the position they would have been in if the contract was fulfilled. Remedies for the innocent party include getting the breaching party to reconsider, contacting consumer forums, or suing for damages or specific performance.
Similar to file_1665832722_GU0314111615_BreachofContract (1).pptx (20)
2. F. By breach
• Where the promisor neither performs his contract nor tender
his performances or where the performances is defective ,
there is a breach of contract.
• It occurs when a party to the contract does not fulfill his
contractual obligation or makes it impossible.
• Breach of contract may be
Actual Breach of Contract
Anticipatory Breach of Contract
3. Remedies for Breach of contract
A REMEDY IS THE MEANS
GIVEN BY LAW FOR THE
ENFORCEMENT OF A RIGHT.
4. WHEN A CONTRACT IS BROKEN, THE INJURED
PARTY, HAS ONE OR MORE OF THE
FOLLOWING REMEDIES:
Rescission of the contract
Suit for Damages
Suit upon Quantum Meruit
Suit for specific performance of the
Contract
Suit for injunction.
5. 1. RECISSION
When a contract is broken by one party,
the other party may sue to treat the
contract as rescinded and refuse further
performance. In such a case, he is
absolved of all his obligations under the
contract.
E.g: A promises B to supply 10 Bags of
cement on a certain day. B agrees to pay
the price after the receipt of the goods. A
does not supply the goods. B is
discharged from liability to pay the price.
6. THE COURT MAY GRANT RESCISSION, IF
• Where the contract is voidable by the
plaintiff ; or
• Where the contract is unlawful for causes
not apparent on its face and the
defendant is more to blame than the
plaintiff.
7. 2. Suit for DAMAGES
• Damages are the monetary compensation allowed
to the injured party by the court for the loss of
injury suffered by him by the breach of a contract.
OBJECTS OF AWARDING DAMAGES
It is to put the injured party in the same position, so far as
money can do it, as if he had not been injured, I.e, in the
position in which he would have been there been performance
and not breach.
This is also known as DOCTRINE OF RESTITUION .
(RESTITUTIO IN INTEGRUM)
8. DAMAGES ARISING NATURALLY – ORDINARY DAMAGES
When a contract has been broken, the injured party
can recover from the other party such damages as
naturally and directly arose in the usual course of
things from the breach. These damages are known as
ordinary damages.
E.g.: A contracts to sell and deliver 50 quintals of Farm
wheat to B at Rs.475 per quintal, the price to be paid at
the time of delivery.
The price of Wheat rises to Rs. 500 per quintal and A
refuses to sell the Wheat. B can claim damages at the
rate of Rs.25 per quintal.
9. http://topics2c.blogspot.com
In a contract for the sale of goods, the measure of
damages on the breach of a contract is the difference
between the contract price and the market price of
such goods on the date of the breach.
If, however, the thing contracted for is not available
in the market, the price of the nearest and best
available substitute may be taken into account for
calculating damages.
Where the subject matter of a contract is goods
specially made to order and which are not
marketable, the price of the goods is the measure of
the damages.
10. Special Damages
Damages other than those arising from the
breach of the contract may be recovered if
such damages may reasonably be supposed
to have been in the contemplation of the both
of the parties as the probable result of the
breach of the contract. Such damages are
known as Special Damages, which cannot be
claimed as the matter of right.
11. VINDICTIVE OR EXEMPLARY
DAMAGES
Damages for the breach of a contract are in the
form of not only for compensation for loss
suffered, but as punishment for wrong
inflicted are called “vindictive” or
“exemplary” damages because they are
punitive by nature.
But in case of
(a) Breach of promise to marry and
(b) Dishonor of a cheque by banker wrongfully
when he possesses sufficient funds to the
credit of the customer, the Court may award
exemplary damages.
12. http://topics2c.blogspot.com
NOMINAL DAMAGES
Where the injured party has not in fact suffered any
loss by reason of the breach of a contract, the
damages recoverable by him are nominal.
CASE : BRACE VS CALDER
A firm consisting of four partners employed B for a
period of two years. After six months two partners
retired, the business being carried on by the other
two.
B declined to be employed under the continuing
partners.
Held, he was only entitled to nominal damages as he
had suffered no loss.
13. DAMAGES AGREED UPON IN ADVANCE IN CASE
OF BREACH- Liquidated damages
If a sum is named in a contract as the amount to
be paid in case of its breach, or if the contract
contains any other stipulation by way of a penalty
for failure to perform the obligations, the aggrieved
party is entitled to received from the party who has
broken the contract, a reasonable compensation
not exceeding the amount so named.
E.g: A contracts with B to pay B Rs.1,000 if he fails
to pay B Rs.500 on a given day. B is entitled to
recover form A such compensation not exceeding
Rs.1000 as the court considers to be reasonable.
14. LIQUIDATED DAMAGES AND PENALTY
Liquidated damages represents a
sum, fixed or ascertained by the
parties in the contract, which is a
fair and genuine pre-estimate of
the probable loss that might ensue
as a result of the breach, if it takes
place.
A penalty is a sum named in the
contract at the time of its
formation, which is disproportionate
to the damage likely to accrue as a
15. http://topics2c.blogspot.com
Cost of decree
The aggrieved party
is entitled, in addition
to damages, to get
the cost of getting
the decree for
damages. The cost of
suit for damages is in
the discretion of the
16. CASE:HADLEY VS BAXENDALE
X’s mill was stopped by the breakdown of a shaft.
He delivered the shaft to Y, a common carrier, to
be taken to a manufacturer to copy it and make a
new one.
X did not make known to Y that delay would result
in loss of profits.
By some neglect on the part of Y the delivery of
the shaft was delayed in transit beyond a
reasonable time.
Held, Y was not liable for loss of profits during the
period of delay as the circumstances
communicated to Y did not show that a delay in
the delivery of the shaft would entail loss of
profits to the mill.
17. COMPENSATION IS NOT TO BE GIVEN FOR
ANY REMOTE OR INDIRECT LOSS OR
DAMAGE
E.g: A contracts to pay a sum of money to B on a
specified day. He does not pay the money on that
day.
B in consequence of not receiving money on that
day, is unable to pay his debts, and is totally ruined.
A is not liable to make good to B anything except the
principal sum he contracted to pay together with
interest upto the day of payment.
18. 3. QUANTUM MERUIT
It means “AS MUCH AS EARNED”
A right to sue on a quantum meruit
arises where a contract, partly
performed by one party, has become
discharged by the breach of the
contract by the other party.
The right is founded not on the
original contract which is discharged or
is void but on an implied promise by the
other party to pay for what has been
done.
19. 4. SPECIFIC PERFORMANCE
In certain cases, damages
are not an adequate
remedy. The court may, in
such cases, direct the
party in breach to carry
out his promise according
to the terms of the
contract. This is a direct
by the court for Specific
20. CASES WHICH FALL UNDER SPECIFIC PERFORMANCE
(A)When the act agreed to
be done is such that
compensation in money for
its non-performance is not
an adequate relief.
(B) When there exists no
standard for ascertaining
the actual damage caused
by the non-performance of
the act agreed to be done.
21. SPECIFIC PERFORMANCE WILL NOT BE GRANTED WHERE:
• Damages are an adequate remedy
• The contract is not certain, or is inequitable to
either party
• The contract is in its nature revocable
• The contract is made by trustees in breach of
their trust
• The contract is of a personal nature E.g: contract
to marry
• The contract is made by a company in excess of
its powers as laid down in its M.O.A
• The court cannot supervise its carrying out E.G.
Building contracts
22. 5. INJUNCTION
Where a party is in breach of a
negative term of a contract, the
court may , by issuing an order,
restrain him form doing what he
promised not to do. Such an order of
the court is known as an “Injunction”.
Case:LUMLEY VS WAGNER
W agreed to sing at L’s theatre, and
during a certain period to sing
nowhere else. Afterwards W made
contract with Z to sing at another
theatre and refused to perform the
contract with L. Held, W could be