Introduction to the Concept of Law on Damages

  • Tanisha Nair and Atharv Bahuguna
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  • Tanisha Nair

    Student at SVKM Narsee Monjee Institute of Management Studies, India

  • Atharv Bahuguna

    Student at SVKM Narsee Monjee Institute of Management Studies, India

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Abstract

A breach of contract is a possibility whenever two parties engage in the act of entering into or signing a contract. The parties who have been the victims of an unlawful act of breach shall be allowed the aforementioned remedies in order to provide them with justice and to protect the interests or goals of the contractual parties or parties entering into the contract. This is done to preserve the interests of the contractual parties in the contract. In the event that a contract is broken or violated, one of the conceivable remedies is the payment of damages. The purpose of establishing a systematised or structural law of injury granted for violation of contract is to preserve the community's integrity and stimulate its growth. This study will demonstrate the notion of damages, their nature, and their function according to Indian law. Hadley v. Baxendale is the case that established the standard rule for determining the amount of consequential damages that should be awarded for breach of contract. This article's objective is to provide an analysis of the words "Damages" and "Penalty" as they appear in Sections 73 and 74 of the Indian Contract Act of 1872.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 1395 - 1407

DOI: https://doij.org/10.10000/IJLMH.116869

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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