Beruflich Dokumente
Kultur Dokumente
quasi - contract
&
remedies for breach of
contract
Subarna Ghosh
DISCHARGE BY PERFORMANCE
Responsibility
Supply of Reimburse of finder of
necessities ment to a goods- to take Liability of
to a person person Obligations reasonable care the person
incapable paying of a person of the goods in to whom any
money due enjoying case of non- thing has
to perishable
by another- benefits of goods, and in
been
contract- but the non- delivered
case of
like minor person gratuitous perishable due to
or person paying act goods, pay the mistake or
of unsound should have amt gained by coercion
sale of the
mind interest goods
REMEDIES FOR BREACH
Rescission of ●
When one party commit a breach, the other party need not
perform her/his part of the contract
Contract
Suit for Specific ●
Filed under the Specific Performance Act
●
A decree for actual performance of the contractual liability by the defaulter
Performance
An order of the Court restraining a person from doing a particular act
Suit for Injunction
●
●
Issued in case a person does something he promised not to do
Suit for Damage Monetary compensation allowed to the aggrieved party for the loss or injury suffered
●
Suit upon Quantum Means ‘as much as earned’ or ‘in proportion to’
●
Such suits are filed where one party has already done part performance of the contract, and then
●
●
●Arise due to some unusual or special circumstance
Special Damage ●
●It is necessary that the special circumstances resulting in special damage
is brought to the notice of the other party
Exemplary ●
●Awarded by way of punishment to the defaulter but this will depend upon
the extent of injury to the other party
Damage ●Eg: Breach of contract to marry, Dishonour of cheque
●
Liquidated • Where a sum is fixed up in advance for a probable loss that is likely to
arise out of breach
Damage
THANK YOU….