Advantages And Breach Of Contract

1968 Words 8 Pages
Oxford dictionary defines damages as ³financial compensation for loss or injury´.In law, damages are money claimed by, or ordered to be paid to, a person as compensationfor loss or injury Black 's Law Dictionary.In context of the Indian Contract Act, 1872 damages are referred in context to breach of contract i.e. a party 's failure to perform some contracted-for or agreed-upon act, or his failure tocomply with a duty imposed by law which is owed to another or to society.Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is nothonored by one or more of the parties to the contract by non-performance or interference with theother party 's performance
On a breach of contract by a defendant, a court
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Its rotor broke down before normal life. The plaintiff had no means to replace it atcash price. He had to arrange it again a hire-purchase price and claimed the same as damages.The defendant contended the plaintiff had to pay hire- purchase price because of his lack of means. This contention was rejected. The fact that in the present circumstances of economythe business has to depend upon hire-purchase system, was held to be within thecontemplation of the parties.

6 (1873) LR 8 CP 131.
7 (1868) LR 3 CP 499: 18 LT 604.
8 (1876) 1 QBD 274.
9 B.P. Exploration & Co v Heent, (1982) 2 QBD 925. Where the lessor knew the purpose for which the lesseerequired the premises, he was held liable for the loss of that purpose during the delayed period.
Jaques v Millar (1877) 6 Ch D 153

. Section 73 of the Contract
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The Supreme Court came to this conclusion in A.T.Brijpalsingh v state of Gujrat13 . Some earlier cases on the subject were also decided either on the basis of cost of cure or difference in value depending on whether in the circumstances of the case, cure would bereasonable or whether recovery on the basis of difference in value would be reasonable. Thelatter would be more reasonable where the building, though defective, is never the less substantially useful. The cost of rectification even if recovered, may not be so

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