In India, the legal remedy for breach of contract is provided under the Indian Contract Act, 1872. The Act defines a contract as an agreement that is enforceable by law and specifies the remedies available to parties in case of a breach of contract. The following are the legal remedies for breach of contract in India: Specific Performance: Specific performance is a remedy available to the aggrieved party to enforce the specific terms of the contract. In cases where damages would not be an adequate remedy, the court may order the party in breach to perform their obligations under the contract. Damages: Damages are a monetary compensation paid by the party in breach to the aggrieved party. The amount of damages is calculated based on the loss suffered by the aggrieved party due to the breach of contract. Rescission of Contract: Rescission of contract means that the contract is cancelled and parties are restored to the position they were in before the contract was entered into. This remedy is available in cases of material breach of contract or when there has been a misrepresentation or fraud. Quantum Meruit: Quantum meruit is a Latin term that means "as much as he deserves." It is a remedy available to a party who has performed their part of the contract but has not received payment. In such cases, the court may order the party in breach to pay the reasonable value of the work done. In India, the aggrieved party must file a civil suit to seek legal remedies for breach of contract. The courts have the power to enforce the remedies available under the Indian Contract Act, 1872, and provide relief to the aggrieved party.
Answer By AnikDear client, A contract is based on an agreement, a quid pro quo is formed between the parties. A breach of contract is the misuse of trust which results in a loss. The Indian Contract Act has laid down remedies to help the wronged party. They are as below 1. Sue for damages - The damages are classified as liquidated and unliquidated damages, where the amount is paid by the parties and the latter by the ordered the court. 2. Sue for specific performance - The court orders the party at default to perform the task and grants a decree to do the obligation. 3. Injunction - The remedy is given when there's a breach in a negative contract, where an order is given to prevent a party to not do the certain performance. 4. Quantum Merit- In case, there's been a breach of contract during the performance of the contract, however, due to reasons, the contract cannot be fulfilled resulting in breach. The court can order the party at default to pay the wronged party the remuneration earned for the work completed till the day of breach. These are the certain legal remedies available to the wronged party in case they have been affected or have incurred loss due to the negligence of the party at fault. The provisions of the Indian Contract Act, 1872, has briefly laid down these remedies. I hope this answer helps.
Answer By Ayantika MondalDear client, A contract is an agreement where both the parties expect something in return from each other. When one party fails to keep their assurance and fails to honour the words of an agreement between them then it is called a breach of contract, and outcome in a loss for the other party. The Indian Contract Act provides different ways to aid the party that has been harmed. These are as follows: 1. Damages are the amount of money paid to the wronged party. There are two types of damages: liquidated (agreed by both parties in advance in writing) and unliquidated (decided by the court based on the case), hence a sue for damages can be filed. 2. The court can order the party at fault to fulfil their part of the contract. The court issues a decree to make sure the commitment, responsibility and duty is executed. Hence a sue for specific performance can be filed. 3. Remedy for Injunction, this remedy can be used when a contract is breached. It allows a court to stops the party from doing something they’re not supposed to perform. 4. If a contract is partially performed but then cannot be completed, the court may order the defaulting party to pay for the work that has already been affected to the point of the breach. These are the legal ways the harmed party can ask compensation or ensure the contract is respected and promoted, as provided and given in the Indian Contract Act of 1872. I hope this helps.
Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.