2. In case of Breach of Contract the
aggrieved party has the following
remedies :
• 1. Suit for specific performance
• 2. Suit for injunction
• 3. Suit for damages for the loss sustained
• 4. Quantum Meruit
3. Suit for Specific Performance
• In this case , the Court directs the party committing
the breach of Contract to perform the promise
according to the terms of Contract. Specific
Performance of the Contract can be granted under
Specific Relief Act 1877
4. • Specific Performance can be granted only
when damages are an inadequate remedy or
when the Court can supervise the execution of
Contract, or when the Contract is Certain , Fair
and Just.
• Specific Performance cannot be enforced of
the Contracts of Personal Service
5. • Specific Performance can be granted only
when damages are an inadequate remedy or
when the Court can supervise the execution of
Contract, or when the Contract is Certain , Fair
and Just.
• Specific Performance cannot be enforced of
the Contracts of Personal Service
6. • For Eg :
• A agrees to buy and B agrees to Sell a picture
and two China Vases
• A may Compel B specifically to perform the
Contract for there is no Standard for
ascertaining the actual damage which would
be caused by its non performance.
7. Suit for Injunction
• An injunction is an order of the Court directing a
person to do or to refrain from doing some act,
which is subject matter , Court can on a suit restrain
a party by an order of injunction from Committing
the breach. The power of Court is discretionary and
can be granted for a temporary or an indefinite
period.
8. • A a singer contracts with B the Manager of a
theatre to Sing at his theatre for one year and
to abstain from Singing at other theatres
during the theatre.
• She absents herself , B cannot compel A to sing
at his theatre, but he may sue her for an
injunction restraining her from Singing at other
theatres .
9. Suit for damages for the loss sustained
• In case of a breach of Contract , injured party
can claim damages for the loss caused by the
breach of Contract
• Damages are given by the way of restitution
and as a monetary compensation to the
injured party.
10. • The aggrieved party can recover the actual
loss caused to him by the breach of Contract.
And not any unusual damages.
11. For Eg :
1. A contracts to repair B’s house in a certain
manner and receives payments in advance. A
repairs the house but not according to the
Contract. B is entitled to recover from A , the
Cost of making the repairs conforming to the
Contract
12. 4. Quantum Meruit :
Quantum Meruit means as much as he has earned
Where one person has expressly or impliedly
requested another to render him a service without
specifying any remuneration but the circumstances
of the request imply that the Service is to be paid for
there is implied promise to pay quantum Meruit that
is so much as the party doing the service deserves
13. Types of Damages
• 1. Compensatory Damages :
• These damages are calculated to actually
Compensate or make up the loss suffered by
the party
14. For eg :
• A who owes money to B a money lender
,undertakes to repay him by delivering him 10
maunds of grain on a certain date , and
stipulates that in the event of his not
delivering the stipulated amount by the
stipulated date, he shall be liable to deliver 20
paunds. This is a stipulation by way of penalty
, and B is only entitled to reasonable
Compensation in case of Breach.
15. • Nominal Damages:
• Damages which naturally arise in the usual
course of things from the breach are called
nominal damages.
• It is in the discretion of the Court whether to
allow or refuse damages. Damages should
however be actually suffered .
16. Exemplary Damages
• Losses which arise due to remoteor indirect
consequences are not allowed. Exemplary
damages are granted for Injured feelings,
mental pain , suffering etc.
• For eg : Breach of Contract of Marriage,
Banker regfusing to honour the Cheque of his
Client having sufficient funds etc
17. Special Damages
• These arise on account of unusual circumstances .
Special damages can be recovered only if Stipulated
in the Contract. Parties to the Contract must know of
the damages likely to result from the Breach. Special
damages are granted when the parties know at the
time of making the Contract that the Special loss or
damage would result or is likely to result from the
Breach of Contract
