BREACH OF CONTRACT

PRESENTED BY :RAJAN GUPTA AMARPREET KAUR MANISH CHAUDHARY

According to sec. every promise or set of promises forming consideration for each other. OFFER .2(a). if proposal is assented there to.2(b).According to sec. when he signifies to another his willingness to do or to abstain from doing something. when a person made a proposal.According to sec. AGREEMENT = OFFER + ACCEPTANCE .2(e). a contract is defined as an agreement enforceable before the law.2(h).According to Sec.CONTRACT . AGREEMENT . when a person made a proposal to another to whom proposal is made. PROMISE .

DIFFERENT MODES OF DISCHARGE OF A CONTRACT ‡ DISCHARGE BY PERFORMANCE ‡ DISCHARGE BY AGREEMENT OR CONSENT ‡ DISCHARGE BY IMPOSSIBILITY OF PERFORMANCE ‡ DISCHARGE BY LAPSE OF TIME ‡ DISCHARGE BY OPERATION OF LAW ‡ DISHARGE BY BREACH OF CONTRACT .

ANTICIPATORY BREACH  Occurs when a party repudiates it before the fixed for performance has arrived OR When a party by his own act disables himself from performing the contract . ACTUAL BREACH :  Occur by failure to perform as promised  making it impossible for the other party to perform. to live up to any of its promises under a contract.DISCHARGE BY BREACH OF CONTRACT A breach of contract is one¶s party failure without a legal excuse .

perhaps the breaching party just needs little more time. That could still leave both of them better off than if they went to court. Or may be both parties could negotiate. for this purpose .What is the point of getting the breaching party to reconsider The breaching party may have breached the contract because of a misunderstood communication with the other party . If the aggrieved party hires a lawyer first thing that lawyer is likely to do is to convince the breaching party to perform . . it is advisable that all records of communication with the breaching party are kept .

REMEDIES FOR BREACH OF CONTRACT .

The remedies available to the aggrieved party.An injunction is an order of the court requiring a person to refrain from doing some act which has been the subject matter of contract. Damage is the monetary compensation allowed by the court to the aggrieved party for the loss or injury suffered by him as the result of breach by the other party. In such a case. Suit for damages:. the aggrieved party is absolved of all its obligations under the contract.Rescission is the revocation of a contract. Suit for injunction:. the other party may sue for rescission and refuse further performance. in case of breach of contract by the other party are:Suit for rescission of the contract :.the party who is injured by the breach of a contract may bring an action for damages. When a contract is broken by one party. .

The term "quantum meruit" means.Suit upon 'Quantum Meruit' :. Suit for specific performance:.When the loss suffered by breach of contract cannot be compensated by damages or where there are no standards to ascertain the quantum of damages. Specific performance is granted when:Money is an adequate remedy It will be inequitable to either party The contract is of a personal nature i . the aggrieved party may approach the Court for the grant of a decree for specific performance of the contract. A suit of quantum meruit is a claim for the value of the material used or supplied under a contract that has become void on account of breach by the other party. 'as much as is merited' or 'as much as earned'.

e.Types of Damages Damages are compensation for the damage or losses suffered by the aggrieved party when the other commits the breach. emotions or reputation due to the breach. Actual or normal damages are those which naturally arise out of the breach of contract and which can be certainly clamed by the aggrieved party i. . the difference between the contracted price and market value. Nominal damages are sanctioned by the court of law in order to the superiority of the aggrieved party over the party committing a breach even if the aggrieved party would not have suffered any damage. For Eg. reputed personalities can sue a newspaper magazine or any other media if they publish any blasphemous(offensive) statement about him. if one of the parties to a marriage breaks it on the day of marriage the other party can claim vindictive damages for loss of reputation Similarly. Vindictive damages can be claimed by the aggrieved party if there is any loss of feelings. Bouncing of a cheque which is properly drawn on a account with adequate balance amount would give the right of claiming vindictive damages to the aggrieved party because his reputation or goodwill is at stake Similarly.

THANK YOU .

Sign up to vote on this title
UsefulNot useful