. This remedy may be availed of either without claiming damages (ie. there is a breach of contract. The right to sue upon quantum meruit usually arises where after part performance of the contract by one party. SUIT UPON QUANTUM MERUIT (Section 65 and 70) The phrase quantum meruit literally means “as much as is earned” or “in proportion to the wok done”.3.. or the contract is discovered void or become void. claiming reasonable compensation for the work done) or in addition to claiming damages for breach (ie. claiming reasonable compensation for part performance and damages for remaining unperformed part). .

which has been discharged by default of the defendant. and (b) the other party must have enjoyed the benefit of the part which has been performed. 4. 2. Where work has been done in pursuance of a contract. . the letter must compensate the former or restore the thing so delivered. A party who is guilty of breach of contract may also sue on a quantum meruit provided both the following conditions are fulfilled: (a) contract must be divisible. When a person enjoys benefit of non-gratuitous act although there exists no express agreement between the parties . section 70 lays down that when services are rendered or goods are supplied by a person. provided the contract is divisible( means capable of being divided). One of such cases is provided in section 70. Where work has been done in pursuance of a contract which is discovered void or become void.The aggrieved party may file a suit upon quantum meruit and may claim payment in proportion to the work done or goods supplied in the following cases 1. although he had an option of declining it. (i) without any intention of doing so graciously and (ii) the benefit of the same is enjoyed by the other party. 3.

.. Under certain circumstances an aggrieved party may file a suit for specific performance i. for a decree by the court directing the defendant to actually perform the promise that he has made. Such a suit may be filed either instead of or in addition to a suit of damages.SUIT FOR SPECIFIC PERFORMANCE  Specific performance means the actual carrying out of the contract as agreed.e.

e. that the court issue a decree for specific performance. i. rare articles and unique goods having some special value to the party suing because of family association. It is only where it is just and equitable so to do.A decree for specific performance is not granted for contracts of every description. It is usually granted in contracts connected with land. buildings. . Notice that in all these contracts monetary compensation is not an adequate relief because the injured party will not be able to get an exact substitute in the market.. where the legal remedy is inadequate or defective .

e.Specific performance is not granted. Moreover. in most cases damages afford an adequate remedy. in the following cases: i. Thus the courts refuse specific performance of a contract to lend or to borrow money or were the contract is for the sale of goods easily procurable elsewhere. Where monetary compensation is an adequate relief. as a rule. Where the court cannot supervise the actual execution of the contract. In such contracts ‘injunction’ (ie: an order which forbids the defendant to perform a like personal service for other persons) is granted in place of specific performance. iii.g: a contract to marry or to paint a picture. eg: a building construction contract. ii. . Where the contract is for personal services.

. the court may. where a party is in breach of negative term of contract(i. by issuing an injunction.e. It is particularly appropriate in cases of ‘anticipatory breach of contract’ where damages would not be an adequate relief. It is a mode of securing the specific performance of the negative terms of the contract. restrain him from doing.. To put it differently.SUIT FOR AN INJUNCTION  ‘Injunction’ is an order of a court restraining a person from doing a particular act. where he is doing something which he promised not to do). what he promised not to do. Thus ‘injunction’ is a preventive relief.


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