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Contracts Synopsis

The document discusses breach of contract in Indian contract law. It defines breach of contract as the failure to fulfill promises or agreements in a contract by one or more parties. There are two types of breach: anticipatory breach, where a party declares they will not perform before the due date, and actual breach, where a party does not perform on or after the due date. Remedies for breach of contract include rescinding the contract, suing for damages, seeking specific performance where a court orders a party to fulfill their obligations, obtaining an injunction to prevent a prohibited act, and claiming quantum meruit for partial performance.

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Aishani Chakraborty
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239 views3 pages

Contracts Synopsis

The document discusses breach of contract in Indian contract law. It defines breach of contract as the failure to fulfill promises or agreements in a contract by one or more parties. There are two types of breach: anticipatory breach, where a party declares they will not perform before the due date, and actual breach, where a party does not perform on or after the due date. Remedies for breach of contract include rescinding the contract, suing for damages, seeking specific performance where a court orders a party to fulfill their obligations, obtaining an injunction to prevent a prohibited act, and claiming quantum meruit for partial performance.

Uploaded by

Aishani Chakraborty
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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SYNOPSIS

- AISHANI CHAKRABORTY

- 2019118

INTRODUCTION –
A contract is an agreement or promise made between two or more parties that the courts will
enforce. In some cases, the agreements and promises made in a contract are not kept by a
party or more parties. Therefore, this situation called breach of contract which means failure
to keep the promises or agreements of a contract. Breach of contract is a legal cause of action
in which a binding agreement is not honored by one or another more of the parties. Breach of
contract may occur in two ways:

● Anticipatory Breach of Contract: A party declares his intention of not performing the
contract before the performance is due.

● Actual Breach of Contract: A party declares his intention of not performing the contract on
due date of performance or during the course of performance.

OBJECT OF THE STUDY –

 To completely understand the term ‘breach of contracts’ in the context of contract


law.
 To know the difficulty associated with the concept.
 To substantiate and elaborate the concept.

SCOPE OF THE STUDY –

The study is limited to breaches of a contract and its remedies as defined in Indian Contract
Act, 1872.

SIGNIFICANCE OF THE STUDY –

The study helps us to know about the concept of remedies in contract law. It also helps to
study different case laws by which the concept has been evolved. Different types of remedies
for breach of contract can be understood from this study.

LITERATURE REVIEW –
The researcher has taken information from various books, web sources, articles, journals and
case laws.

RESEARCH METHODOLOGY –

This study is based on doctrinal mode of research.

TYPES OF RESEARCH –

This research is critical, explanatory studies.

RESEARCH QUESTION –

 What are the types of breaches of contract?


 What are the remedies for breach of contract?

ABSTRACT –

When a promise or agreement is broken by any of the parties, we call it a breach of contract.
So, when either of the parties does not keep their end of the agreement or does not fulfil their
obligation as per the terms of the contract, it is a breach of contract. 

1] Recession of Contract - When one of the parties to a contract does not fulfil his
obligations, then the other party can rescind the contract and refuse the performance of his
obligations.

As per section 65 of the Indian Contract Act, the party that rescinds the contract must restore
any benefits he got under the said agreement. And section 75 states that the party that
rescinds the contract is entitled to receive damages and/or compensation for such a recession.

2] Sue for Damages - Section 73 clearly states that the party who has suffered, since the
other party has broken promises, can claim compensation for loss or damages caused to them
in the normal course of business.

Such damages will not be payable if the loss is abnormal in nature, i.e. not in the ordinary
course of business. There are two types of damages according to the Act,

 Liquidated Damages
 Unliquidated Damages
3] Sue for Specific Performance - This means the party in breach will actually have to carry
out his duties according to the contract. In certain cases, the courts may insist that the party
carry out the agreement.

For example, A decided to buy a parcel of land from B. B then refuses to sell. The courts can
order B to perform his duties under the contract and sell the land to A.

4] Injunction - An injunction is basically like a decree for specific performance but for a
negative contract. An injunction is a court order restraining a person from doing a particular
act.

So, a court may grant an injunction to stop a party of a contract from doing something he
promised not to do. In a prohibitory injunction, the court stops the commission of an act and
in a mandatory injunction, it will stop the continuance of an act that is unlawful.

5] Quantum Meruit - Quantum meruit literally translates to “as much is earned”. At times


when one party of the contract is prevented from finishing his performance of the contract by
the other party, he can claim quantum meruit.

So, he must be paid a reasonable remuneration for the part of the contract he has already
performed. This could be the remuneration of the services he has provided or the value of the
work he has already done.

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