Remedies and Case Laws for Breach of Contract

  • Shashank
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  • Shashank

    Student at Narsee Monjee Institute of Management Studies, India

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When a party to a contract renounces his responsibilities under it, or by his own conduct makes it impossible for him to perform his obligations under it, or completely or partially fails to meet such obligations, a breach of contract occurs. A contract breach might be either anticipatory or present. Breach of contract results in the non-breaching party's rights being violated. As a result, his rights must be restored. For these reasons, the offended party has a variety of options. Damages are one of the common law remedies. The primary goal of Damages is to provide monetary compensation to the innocent person. They are determined by determining what the plaintiff's situation would have been if the Contract had been properly performed. Compensatory, consequential, nominal, or liquidated monetary damages are all possible. Equitable Remedies are another set of remedies open to the aggrieved party. Equitable Remedies include Recission, Restitution, Specific Performance, Injunction, Quantum Meruit, Anton Piller Order, etc. If the breaching party refuses to pay the Court ordered judgement, the court may issue Writ of Attachment or Writ of Garnishment to enforce the remedies. Section 73, 74 and 75 of the Indian Contract Act,1872 deals with remedies and damages for Breach of Contract.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 2080 - 2088


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