Remedies for Breach of Contract: Rescission, Damages, Specific Performance
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Remedies for Breach of Contract
The process of enforcing rights is known as the remedies for breach
of contract. Where there is a breach of contract, the injured party has one or
more of the following rights:
Rescission of the Contract
If one party has broken their contract, the other party may treat the
contract as rescinded and refuse further performance. They may also
successfully defend an action of non-performance or an action brought for
specific performance.
Suit for Damages
Ordinary Damages, Special Damages, Exemplary Damages, Nominal Damages
Quantum Meruit
If one party has broken their contract, the other party may treat the
contract as rescinded and refuse further performance. They may also
successfully defend an action of non-performance or an action brought for
specific performance.
Suit for Specific Performance of the Contract
Suit for Injunction
Illegal Agreements
The Indian Contract Act does not make any contract as illegal agreements contract upon the usage of such distinction but uses the word
unlawful"
The following agreements can be treated as illegal agreements:
An agreement to commit a crime or a tort.
An agreement to defraud the revenue.
An agreement to import liquor into a country where prohibition is in force.
An agreement for illicit cohabitation.
An agreement which tends to endanger public safety.
The following agreements can be treated as unlawful agreements:
An agreement in restraint of trade.
An agreement designed to oust the jurisdiction of the courts.
An agreement in restraint of marriage.
Void Agreements
Sections 24 to 30 of the Indian Contract Act expressly declare that
an agreement not enforceable by law is said to be
void agreements.
- Agreement without Consideration
- Agreements in Restraint of Marriage
- Agreements in Restraint of Profession, Trade or Business
- Uncertain Agreements
- Agreement in Restraint of Legal Proceedings
- Wagering Agreements
A quasi-contract is not a real contract. Quasi contracts are also known as “constructive contracts” or “certain relations resembling those created by contracts”.In quasi-contract, there is no agreement between the parties.In quasi-contract, the parties do not consent.In quasi-contract, the liability exists independent of the agreement and rests upon equity, justice, and good conscience.
1. Necessaries supplied 2. Reimbursement Money 3. Quantum Meruit 4. Finder of lost goods 5. Person who received money mistakenly