WHETHER THERE WAS ANY BREACH OF CONTRACT ON BEHALF OF

RESPONDENT. WHETHER APPELENT IS ENTITLED TO GET DAMAGES FOR

BREACH OF CONTRACT?

It is humbly submitted before the hon’ble court, that there was a breach of contract on
the part of respondent (Manila Suki) as there is a valid contract between the appellant and the
respondent. The respondent by not performing her duty in the given contract has rendered to the
breach of contract which is against the provisions of The Indian Contract Act, 1872. Hence,
respondent is entitled for damages caused by the appellant.

Valid Contract-

In accordance with section 2(d), 2(e), and 2(h) of the Indian Contract Act of 1872, a
proposal when accepted becomes a promise, a promise forming consideration is an agreement
and an agreement which is enforceable by law is a contract respectively. 1 A contract is said to be
valid when it fulfils all the essentials provided under the section 10 of Indian Contract Act,1872.
According to these sections, there is a valid contract between appellant and respondent.2

Breach of Contract

Section 39 of Indian contract Act, 1872, states that “when a party to a contract has
refused to perform, or disabled himself from performing, his promise in its entirety, the
promisee may put an end to the contract, unless he has signified, by words or conduct, his
acquiescence in its continuance.” According to this, when one party in the contract couldn’t
perform her duty in the due diligence that had mentioned in the contract then the party has said
to be breached the contract. According to section 73 3 the person who did not perform the
obligation in the contract will be liable for the damages caused by him to the other party. Breach
of contract occurs when one party did not fulfil his obligations in accordance with the contract. 4
The respondent's failure to perform their obligations under the contract constitutes a clear breach
of contract. The contract clearly stipulated that the respondent has to perform a specific dance
performance on a certain date, but the respondent failed to perform the dance performance. This

1
rbsesolutions.com. https://www.rbsesolutions.com/class-12-business-studies-chapter-9-english-medium
(accessed May 12, 2023).
2
Para 3
3
Indian contract Act, 1872
4
unece.org. N.p., Web. 12 May. 2023.
<https://unece.org/sites/default/files/datastore/fileadmin/DAM/trade/untdid/download/r1282.doc>.
constitutes a breach of a major obligation under the contract and caused major damages, as the
performance of the dance on the mentioned date is critical to appellant business operation.

The case of Poussard v Spiers and Pond (1876) 5, where the claimant has failed to oblige
to the condition of performance, it was held that failure to turn up did amount to a breach of the
contract as this went to its very root and that Spiers were therefore free to rescind the
contract.6 With reference to this case, the respondent ( Manila Suki) by not turning up on the
specific date that has laid down in the contract, has breached the contract.

In the case of compagnie commerciale sucres et denrees v c. czarnikow ltd 7 (1990), it

was held that as the sellers failed to perform the obligation, and hence there was a breach of
contract on the part of sellers. Buyers had entitled to the put an end to the contract and can
claim damages from the sellers. With reference to this case, the respondent by not performing
the obligation rendered in the contract between appellant and respondent, appellant incurred
loss because of the respondent by not performing her obligation in the due time of contract
period. Hence, appellant can claim the damages from the respondent for the los he incurred.

According to the aforementioned contract, the contract was violated owing to

respondent's failure to execute the dance on the day of performance. If a party failed to
perform the contractual obligation, then the aggrieved party can claim the damages to the
extent of loss one has incurred. The case of Karsandas H. Thacker v. Saraan Engg . Co. Ltd 8, the
court held that there was a breach of contract between the parties and defendant is liable for the
damages and loss in profit incurred by the plaintiff. The court also emphasized that in case of breach
of contract, the party suffering the loss is entitled to claim damages that are a natural consequence
of the breach and not too remote. With reference to this case, as the respondent breached the
contract by not performing the dance on the date that is mentioned in the contract, and due to this
breach of contract the appellant has incurred the damages and loss in profit. This rises that the
responded need to recover the damages of the plaintiff which is caused due to breach of contract.

Hence, there was a non-performance of the obligation on the part of the respondent
giving rise to breach of contract . The respondent by not performing her duty in the given

5
Poussard v Spiers (1875) LR 1 QBD 410
6
studocu.com. https://www.studocu.com/row/document/the-british-university-in-egypt/principles-of-
international-law/warranty-and-condition-cases/15612076 (accessed May 12, 2023).
7
https://www.studocu.com/en-gb/document/university-of-chester/contract-law/conditions-and-the-benefit-
of-certainty/15090367
8
Karsandas H. Thacker v. Saraan Engg . Co. Ltd,[AIR 1965 SC 1981, 1965 (0) BLJR 780]
contract has rendered to the breach of contract which is against the provisions of The Indian
Contract Act, 1872. Hence, respondent is entitled for damages caused by the appellant.