In case of breach of contract, which of the following remedy is availa...
Remedies for Breach of Contract:
When a contract is breached, the aggrieved party can seek one or more of the following remedies:
1. Suit for Rescission:
This remedy allows the aggrieved party to cancel the contract and return the parties to the position they were in before the contract was formed. This remedy is available when there has been a material breach of the contract.
2. Suit for Damages:
This remedy allows the aggrieved party to recover monetary compensation for any losses suffered as a result of the breach of contract. The amount of damages awarded will depend on the nature and extent of the losses suffered.
3. Suit for Specific Performance:
This remedy requires the breaching party to perform the contract as agreed. This remedy is available when the subject matter of the contract is unique or when monetary damages would not adequately compensate the aggrieved party.
4. Suit for Injunction:
This remedy requires the breaching party to stop doing something that is in violation of the contract. This remedy is available when the breach of contract involves ongoing conduct that can be stopped by court order.
Conclusion:
All of the above remedies are available to the aggrieved party in case of a breach of contract. The choice of remedy will depend on the nature and extent of the breach, as well as the specific circumstances of the case.
In case of breach of contract, which of the following remedy is availa...
Remedies for Breach of Contract:
When a contract is breached by one party, the other party has the following remedies:
1. Suit for Rescission:
Rescission means cancellation or termination of the contract. The aggrieved party may file a suit for rescission of the contract if the contract is voidable or illegal. This remedy is available only if the contract is voidable, that is, the agreement can be cancelled at the option of one party due to some particular reasons, such as:
- Mutual mistake
- Misrepresentation
- Coercion
- Undue influence
- Fraud
2. Suit for Damages:
Damages are the monetary compensation awarded to the aggrieved party for the loss suffered due to the breach of contract. The objective of this remedy is to put the aggrieved party in the same position as if the contract had been performed. The amount of damages depends on the nature and extent of the loss suffered by the aggrieved party. There are two types of damages:
- General Damages: These are the damages that arise naturally from the breach of contract. For example, if a contractor fails to complete a building on time, the owner may suffer financial loss due to delay in possession. This financial loss is a general damage.
- Special Damages: These are the damages that are not the direct result of the breach but are consequential damages arising from the breach of contract. For example, if a contractor fails to complete a building on time, the owner may suffer loss of rent due to delay in possession. This loss of rent is a special damage.
3. Suit for Specific Performance:
Specific performance means the court orders the party to perform the contract. This remedy is available only in cases where the subject matter of the contract is unique or where damages are not an adequate remedy. For example, if a person contracts to sell his ancestral property to another person, the court may order specific performance of the contract as the property is unique and damages are not an adequate remedy.
4. Suit for Injunction:
An injunction is a court order restraining a party from doing a particular act or directing a party to do a particular act. This remedy is available in cases where the breach of contract involves the violation of a legal right. For example, if a person contracts with an employee not to disclose trade secrets, the employer may seek an injunction to restrain the employee from disclosing the trade secrets.
Conclusion:
Thus, all the above mentioned remedies are available to the aggrieved party in case of breach of contract. The choice of remedy depends on the nature and extent of the breach and the circumstances of the case.
To make sure you are not studying endlessly, EduRev has designed CA Foundation study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in CA Foundation.