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.

Dear 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.

Dear 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.

In India legal provisions for breach of contract are under the Indian Contract Act, 1872 (Sections 37, 39, 73-75) and the Specific Relief Act, 1963. What these do is provide compensation to the aggrieved party, issue enforcement of performance or restore aggrieved’s situation back to pre contract standing as per the kind of the breach that is which it may be actual, anticipatory, minor or material. Also courts stress on the principle of fairness which in turn requires the non breaking party to mitigate their damages. Key Remedies Damages (Section 73): Monetary redress for losses. Includes:. General Damages: For present, definite losses. Special/Consequential Damages: In the case of indirect damages like lost profits if known to both parties. Liquidated Damages (Section 74): Pre agreed amount which if within reason will be enforced. Nominal or Exemplary Damages: Symbolic for issues of no great consequence, or punitive for serious violations. Specific Performance: Court issues to the breaching party to perform the terms of the contract (Specific Relief Act Sections 9-25) which is for unique items like property and not personal services. Injunction: Court issues a restraining order against the transgressing party (Specific Relief Act Sections 36-42) for instance in which case of intellectual property misuse is reported; which may be a temporary or permanent action. Rescission: Cancel out the contract (Sections 39, 65, 75) which in turn allows for refusal of further performance and recovery of benefits which may include damages. Quantum Meruit: Properly value what was completed (Section 70) to avoid unjust enrichment. Process to Seek Remedies File in the proper court within 3 years as per the Limitation Act of 1963. Provide proof of the contract, breach, and losses. Courts can order interest on damages (CPC Section 34). For quicker results use of arbitration or mediation is recommended if provided for in the contract (Arbitration and Conciliation Act, 1996). Limitations Remedies are had in cases of proved breach and loss; of no use in minor matters when a contract is mostly complete. Courts see to what extent reasonab also will grant specific performance if that is not practical. I hope this answer helps to resolve your queries. If you still have any concerns, please contact our law firm! Thank you!