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BREACH OF CONTRACT BY:  Mahesh Kumar (1211310028)  Gunjan Middha (1211310019) .

.DISCHARGE OF CONTRACT  When obligations created by a contract comes to an end. contract said to be discharged or terminated.

A contract may be discharged in any of the following ways...  By Performance  By mutual agreement  By Impossibility of Performance  By Breach Of Contract  By Operation of Law  By laps of time .

BREACH OF CONTRACT  “ Breach of contract means failure or refusal by the parties to perform their respective promises” .

1.Types of Breach of Contract Breach of contract may arise.Actual breach .Anticipatory Breach 2.

. Before the date of Marriage Rajesh Heard that Shantha Going to Marry Sudharman. the counterparty may begin legal action immediately rather than waiting until a contract's terms are actually broken. Failure to perform an obligation in a timely matter can result in a breach. Ie: Rajesh Agrees To Marry Shantha. By declaring an anticipatory breach.1.Anticipatory Breach  “ An anticipatory breach occurs when a party demonstrates his intention to break a contract” Vocal or written confirmation is not required.

2.Actual breach “ Actual breach of contract occurs when during the performance of the contract or at the time of performance. . Ashitha fails to deliver the rice to Mansoor on November 1 st This is actual breach of contract by Ashitha. one party fails or refuses to perform his promise under the contract” Example: Ashitha Agrees to deliver 10 kg of Rice to Mansoor on 1 st November.

Remedies For Breach Of Contract When there is a breach of contract. Recession of the Contract Quantum Meruit Specific Performance Injuction Damages . aggrieved party can take the following Remedies.

A does not deliver the rice.Recession of the Contract  When there is a breach of contract by one party the other party can rescind the contract and he is free from all obligations of under the contract .B need not pay the price . Example: A agrees to deliver 10kg rice to B on 1 st oct. B promises to pay the price on the same day.

such obligation arises and a person claim payment in the following cases. C sued for Remuneration. When the original contract has been terminated breach of contract by one party When work has been made and accepted under a void agreement Example: C was appointed as MD of a company. It is only an obligation created by law. The contract was void because the directors who appointed C were not qualified. .Held that C is entitled to remuneration . It is not a contractual remedy.Quantum Meruit  Quantum meruit means as much as earned . When work has been done or goods supplied without any contract.

Contracts of personal nature When one of the parties is minor. . Generally specific performance will not be ordered in the following cases. When the contract is uncertain an inequitable to party. When monitory compensation is an adequate remedy.Specific Performance  Specific performance means an order of the court directing the party who commits breach of contract to do what he has promised to do.

In a suit filed by Shaji kailas.Injuction  Injuction is an order of the court directing the party who commits breach of contract either to do or not to do something. During the year he contracted to act for Vinayan. Mammootty was prohibited by an injuction from acting for Vinayan. It is usually given in cases of anticipatory breach of contract. . Example : Mammootty agreed to act only for shaji kailas for one year.

Compensatory/ordinary damages Nominal damages Special damages Exemplary vindictive of punitive damages . Damages allowed are the following types.Damages The amount of compensation awarded to the aggrieved party for breach of contract.

ThankYOu .