lecture-13 - Learning Outcomes iLESSON 13 REMEDIES FOR...

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Learning Outcomes At the end of this chapter, you would be able to: · Identify the remedies for breach of the Contract · Rescission of the contract · Suit for damages · Suit upon quantum meruit · Suit for specific performance of the contract · Suit for an injunction Introduction There are the following remedies available to the aggrieved party for the breach of the Contract Let us first start with the Rescission of the Contract Rescission of the Contract When there is a breach of contract by one party, the other party may rescind the contract and need not perform his part of the obligations under the contract and may sit quietly at home if he decides not to take any legal action against the guilty party. But in case the aggrieved party intends to sue the guilty party for damages for breach of contract, he has to file a suit for rescis- sion of the contract. When the court grants rescission, the aggrieved party is freed from all his obligations under the contract; and becomes entitled to compensation for any damage which he has sustained through the non- fulfillment of the contract (Sec. 75). . Illustration A contracts to supply 100 kg of tea leaves for Rs 8,000 to B on 15 April. If A does not supply the tea leaves on the appointed day, B need not pay the price. B may treat the contract as rescinded and may sit quietly at home. B may also file a suit for rescission and claim damages. Thus, applying to the court for ‘rescission of the contract’ is necessary for claiming damages for breach or for availing any other remedy. In prac-tice a ‘suit for rescission’ is accompanied by a ‘suit for damages,’ etc., in the same plaint. It is worth noting that in certain cases a suit for ‘rescission of the contract’ may be filed even when no damages are to be claimed, for example, in case of pledge of movable goods, say gold ornaments, if the pledger does not pay as per agreement, the pledgee may file a suit for rescission of the contract (of course within the period of limitation which is 30 years in this case), in order to free himself from his obligation to return the ornaments on payment and to become entitled to sell the ornaments in order to realise his debt. Suit for Damages Damages are monetary compensation allowed to the injured party for the loss suffered by him as a result of the breach of contract. The fundamental principle underlying damages is not punishment but compensation. By awarding damages the court aims to put the injured party into the position in which he would have been had there been performance and not breach, and not to punish the defaulter party. As a general rule, “compensation must be commensurate with the injury or loss sustained, arising naturally from the breach.” “If actual loss is not proved, no damages will be awarded. Assessment of damages. We will now consider the extent to which a plaintiff
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This note was uploaded on 09/27/2011 for the course BUS 100 taught by Professor Sherry during the Spring '11 term at Faculty of English Commerce Ain Shams University.

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lecture-13 - Learning Outcomes iLESSON 13 REMEDIES FOR...

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