BREACH OF

CONTRACT
Subject:
Business Law
Submitted to:
Ms. Naila Kausar
Presented by:
Bisma ali
Huraira majeed
What is breach of contract:

BREACH OF CONTRACT IS A VIOLATION

OF ANY OF THE AGREED-UPON TERMS
AND CONDITIONS OF BINDING
CONTRACT. THE BREACH COULD BE
ANYTHING FROM A LATE PAYMENT TO A
MORE SERIOUS VIOLATION, SUCH AS
THE FAILURE TO DELIVER A PROMISED
ASSET. A CONTRACT IS BINDING AND
WILL HOLD WEIGHT IF TAKEN TO COURT.
TYPES OF BREACHES
 Material Breach:

„THE FIRST AND THE MOST

SEVER TYPE OF BREACH, IS
CALLED “MATERIAL BREACH”.
GENERALLY A MATERIAL
BREACH OF CONTRACT IS
INVOLVES ONE OF THE KEY
ELEMENTS OF THE CONTRACT
NOT BEING PROVIDED OR
UNDERTAKEN AS AGREED.
 Minor Breach:

„IT’S IMPORTANT TO BE
CLEARED THAT NOT ALL
BREACHES OF THE CONTRACT
WILL BE MATERIAL AND HENCE
IMMEDIATELY END THE
WRONGED PARTY'S
OBLIGATIONS. IN THIS CASE
THERE WOULD HAVE BEEN A
REMEDY TO THE BREACH OF
CONTRACT.
 Anticipatory Breach:

„ANTICIPATORY BREACH OCCURS WHEN A PARTY

REPUDIATES PRIOR TO THE DATE THAT THE
PERFORMANCE IS DUE. ANTICIPATORY BREACH IS
AN EXCUSE FOR NON-PERFORMANCE BY THE NON-
BREACHING PARTY. A PARTY CAN RETRACT ITS
ANTICIPATORY BREACH PROVIDED THAT THE NON-
BREACHING PARTY HAS NOT RELIED ON IT.
 Actual Breach:

„THIS IS OF COURSE THE

MOST COMMON WAY THAT A
PART WILL BREACH A
CONTRACT. IT OCCURS WHEN
TIME ARRIVES FOR A PARTY TO
PERFORM THEIR SIDE OF AN
AGREEMENT AND THEY DON’T
PERFORM.
Fundamental Breach:

„FUNDAMENTAL BREACH IS THAT

ONE OF THE PARTIES TO THE
AGREEMENT FAILED TO COMPLY
WITH ITS PART OF THE BUSINESS BY
FAILING TO FULFILL A
CONTRACTUAL CLAUSE THAT WAS
IMPORTANT TO THE AGREEMENT TO
SUCH AN EXTENT THAT ANOTHER
PARTY COULD NOT FULFILL ITS OWN
RESPONSIBILITIES IN THE CONTRACT
 Suit for Rescission:

„THE BREACH OF CONTRACT NO

DOUBT DISCHARGES THE
CONTRACT, BUT THE AGGRIEVED
PARTY MAY SOMETIMES NEED TO
APPROACH THE COURT TO GRANT
HIM A FORMAL RESCISSION, I.E.
CANCELLATION, OF THE CONTRACT.
THIS WILL ENABLE HIM TO BE FREE
FROM HIS OWN OBLIGATIONS
UNDER THE CONTRACT.
Suit for Damages:

„THE SUIT FOR DAMAGES CAN BE FILED WHERE ANY

PERSON STARTS MALICIOUS PROSECUTION AND
REGISTER FALSE CRIMINAL CASE AGAINST ANYONE,
COMMITS DEFAMATION, BREACHES A CONTRACT OR
INFLICTS CIVIL INJURY. IN SUCH CASES, THE PLAINTIFF
DEMANDS FOR MONEY AS A COMPENSATION BY
DEFENDANT.
Types of Damages:
Suit upon Quantum Meruit:

„QUANTUM MERUIT IS A LATIN TERM, WHICH MEANS”

AS MUCH AS EARNED” & “AS MUCH AS DESERVED”.
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 OTHER PARTY. THE RIGHT TO PAYMENT IS
BASED ON AN IMPLIED PROMISE BY THE OTHER
PARTY TO PAY FOR WHAT HAS BEEN DONE.
Suit for specific performance:

„SUIT FOR SPECIFIC

PERFORMANCE CAN BE FILED BY
ANY PARTY, IN A COURT OF
COMPETENT JURISDICTION, WHO
HAS SUFFERED LOSS DUE TO NON-
PERFORMANCE OF CONTRACT ON
PART OF THE OTHER PARTY TO THE
CONTRACT. REMEDY OF SPECIFIC
PERFORMANCE, WHICH IS
AFFECTED IN CASE OF BREACH OF
CONTRACTS, IS PROVIDED BY THE
EQUITY COURTS.
Suit for injuction:

„SUIT FOR INJUNCTION IS A VERY

COMMON AND EFFECTIVE REMEDY
AGAINST ANY MISCHIEF PLAYED BY
A THIRD-PARTY. ALL THE CIVIL
COURTS ARE EMPOWERED TO
ISSUE INJUNCTIONS. AN
INJUNCTION MAY BE ISSUED FOR
AND AGAINST INDIVIDUALS, PUBLIC
BODIES OR EVEN STATE