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Contract Sess 7

The document outlines various types of contractual damages, including compensatory, nominal, punitive, liquidated, and unliquidated damages, along with their definitions and examples. It also explains the concept of quantum meruit, applicable in cases of incomplete performance or absence of a formal contract, and discusses e-contracts and breaches of contract, including anticipatory and actual breaches. Additionally, it covers the principle of undue enrichment, emphasizing the need for compensation when one party benefits at another's expense.

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Nivedita Raje
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26 views8 pages

Contract Sess 7

The document outlines various types of contractual damages, including compensatory, nominal, punitive, liquidated, and unliquidated damages, along with their definitions and examples. It also explains the concept of quantum meruit, applicable in cases of incomplete performance or absence of a formal contract, and discusses e-contracts and breaches of contract, including anticipatory and actual breaches. Additionally, it covers the principle of undue enrichment, emphasizing the need for compensation when one party benefits at another's expense.

Uploaded by

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

Session 7
1. Contractual Damages

Definition:
• Damages are a monetary compensation awarded to the
aggrieved party for loss or injury caused due to breach of
contract.

Types of Damages:
1. Compensatory Damages:
• Aim to restore the injured party to the position they would have
been in if the contract had been performed.
• Example: A contracts with B to deliver goods for ₹10,000, but A
breaches, causing B a loss of ₹5,000. B can claim ₹5,000.
2. Nominal Damages:
• Symbolic compensation awarded when no substantial loss
occurs due to the breach.
• Example: A minor delay in delivery without financial loss.
3. Punitive Damages:
• Rare in contract law; intended to punish the
breaching party for egregious conduct.
• Example: Fraudulent contracts where the breach
involves intentional deception.
4. Liquidated Damages:
• Pre-determined compensation for breach
specified in the contract.
• Key Case: Fateh Chand v. Balkishan Dass
(1963):
• Courts held that liquidated damages must reflect
a reasonable estimate of loss and not act as a
penalty.

5. Unliquidated Damages:
• Determined by the court based on actual loss.
2. Quantum Meruit

Definition:
• “Quantum meruit” means “as much as earned”
and refers to compensation for partial performance
or work done when no formal contract exists.

When Applicable:
1. Incomplete Performance:
• A contract is terminated before full performance,
but part of the work has been completed.
• Example: A builder constructs half of a building
before the contract is canceled. He can claim
payment for the completed portion.
2. No Formal Contract:
• Work is performed without a formal contract,
with the expectation of payment.
• Example: A repairs B’s house during an
emergency. B must compensate A for the
reasonable value of the services.
3. Void Contracts:
• Compensation can be claimed for benefits
conferred before a contract is declared void.
E-Contracts

Definition:
• Contracts formed electronically, such as online purchases, email
agreements, or app-based transactions.

Key Features:
1. Offer and Acceptance:
• Clicking “I Agree” constitutes acceptance.
2. Digital Signatures:
• Recognized under the Information Technology Act, 2000 as valid for
contract formation.
3. Storage and Accessibility:
• Contracts must be stored electronically and accessible.

Examples:
• Online purchase agreements.
5. Breach of Contract

Types of Breach:
1. Anticipatory Breach:
• When one party indicates, before the due date, that they will
not perform their obligations.
• Key Case: Hochster v. De La Tour (1853):
• The aggrieved party can sue immediately after the
anticipatory breach.
• Example: A agrees to deliver goods to B on March 1 but
informs B on February 15 that he will not deliver.
2. Actual Breach:
• Failure to perform contractual obligations on the due date.
• Example: A agrees to deliver goods on March 1 but does not
do so.
6. Undue Enrichment

Definition:
• When one party benefits unfairly at the expense of another
without a valid legal basis.

Key Elements:
1. Benefit Conferred:
• One party receives a benefit.
2. Unjust Enrichment:
• Retaining the benefit without compensating the other party.

Examples:
• A mistakenly pays B ₹10,000 instead of ₹1,000. B must return the
excess amount.
• A delivers goods to B that were not ordered. B must either return
them or pay for them.

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