Which of the following statements is incorrect?a)Ordinary damages are ...
Incorrect Statement: None of the above
Explanation:
a) Ordinary damages are recoverable: Ordinary damages refer to the losses that are a direct result of the breach of contract. These damages are generally awarded to compensate the non-breaching party for the loss suffered due to the breach. For example, if a buyer fails to pay the seller for the goods received, the seller can claim ordinary damages for the loss suffered. Therefore, this statement is correct.
b) Special damages are recoverable if both the parties know about them: Special damages refer to the losses that are not a direct result of the breach of contract but are an indirect consequence of the breach. These damages are generally not awarded unless both parties knew or should have known about the loss at the time of entering into the contract. For example, if a seller fails to deliver the goods on time, the buyer can claim special damages for the loss suffered due to non-delivery. Therefore, this statement is also correct.
c) Indirect damages are not recoverable: Indirect damages refer to the losses that are not a direct or immediate consequence of the breach of contract. These damages are generally not recoverable unless they were foreseeable at the time of entering into the contract. For example, if a seller fails to deliver the goods on time, and as a result, the buyer lost a profitable business opportunity, the buyer cannot claim indirect damages. Therefore, this statement is also correct.
d) None of the above: This statement is incorrect as all the above statements are correct.
In conclusion, option 'D' is the incorrect statement.
Which of the following statements is incorrect?a)Ordinary damages are ...
A.ordinary damages arise in the case breach of contract it is not in the nature of penalty so it can be recovered
b.special damages r recoverable if the parties know while entering into contract or prior notice of it
c.indirect damages are not recoverable bcoz it is not related the contract what we have entered