Remedies for breach of contract :- The party who suffers from a breach of contract has the following remedies -
- specific performance
- Injunction
- Suit for damages,
- Quantum meruit
- Rescission
the specific relief Act governs specific performance and injunction. an order for specific performance is an order enforcing the' the contract breaker to fulfill his obligation on the terms of the contract itself. In many cases, the remedy will be worse than the disease itself.
- specific Performance -
- Injunction
- suit for damages
- Quantum meruit
- rescission
1.specific performance - specific performance is a type remedy for breach of contract in which a court orders the breaching party to perform their end of the bargain. specific performance is an order enforcing the 'contract breaker to fulfill his obligation on the terms of the contract itself. in many cases, the remedy will be worse than the disease itself. thus if you have engaged D to perform at your reception and if he refuses to perform, you cannot get an order from the court that he shall perform at your reception. you may have regret for having gone to the Court. he may perform in which way he wants and not in the way in which you want.
2.Injunction - Injunction is a order of restraint. this order is to enforce and express negative stipulation in a contract. A negative contract is one whereby one arty covenants not to do something. injunction serve a similar purpose as specific performance. the difference is that with specific performance, the court orders a party to do something. with an Injunction, the court often orders a party not to do something.
3.suit for damages - The purpose of awarding damages is to restore the parties to a position where they would have been if the contract had been performed and not performed and not where where they would have been if they never, made the contract further when parties enter into a contract. they contemplate the performance and not the breach of it. hence, damages are assessed as on the date of the performance.
4.Quantum meruit- Quantum meruit the term literally means "As much as earned" the requirements for the application of this principle are a follows:-
6 various modes in which contract may be discharged.
condition and warranties.
2.Injunction - Injunction is a order of restraint. this order is to enforce and express negative stipulation in a contract. A negative contract is one whereby one arty covenants not to do something. injunction serve a similar purpose as specific performance. the difference is that with specific performance, the court orders a party to do something. with an Injunction, the court often orders a party not to do something.
3.suit for damages - The purpose of awarding damages is to restore the parties to a position where they would have been if the contract had been performed and not performed and not where where they would have been if they never, made the contract further when parties enter into a contract. they contemplate the performance and not the breach of it. hence, damages are assessed as on the date of the performance.
4.Quantum meruit- Quantum meruit the term literally means "As much as earned" the requirements for the application of this principle are a follows:-
- it should be a contract for the payment of a lumpsum.
- the contract should be non-severable, (A non severable contract which should be performed in its entirety part=performance will not satisfy the parties)
- one party should have fulfilled part of his obligation.
- the other party should have repudiated the contract.
- the first party should should not be at fault. he should be ready and willing to perform the rest of his obligation.
6 various modes in which contract may be discharged.
condition and warranties.
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