Question 2 (b)

Remedies for breach of contract

6 marks

Time to write
About 12 minutes

From an older CBCS paper

Question

Question 2 (b) · 6 marks

Discuss briefly the various types of remedies that an aggrieved party has in case of breach of contract.

Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.

Before you write

Read off the question and its marks

12 minfor 6 marks

Read from the question

  • brieflyShort headed points, no long paragraphs.

What the paper leaves open

The only copy of this paper found is cut off at the right edge of the page; the few words lost there are read from the sense and from the Hindi version of the question. The mark for this part is not legible on the copy; it is reckoned here at 6 marks, the paper's own split for its other questions.

Write it in this order

  1. Read; underline the asks; jot your points 1 min
  2. 1 Breach and rescission 2 marks 3 min
  3. 2 Damages and quantum meruit 2 marks 3 min
  4. 3 Specific performance and injunction 2 marks 3 min
  5. Check: every ask answered, key terms underlined 2 min

Short on time? Trim steps 1–3 evenly rather than skip one: each is capped at its own marks.

Try it first. About 12 minutes for 6 marks. Write it out, then open the solution.

Solution

Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.

Breach of contract. Breach means the failure of a party to perform his obligation under a contract. On a breach, the injured party has the following remedies.

Remedies:

  1. Rescission: he may treat the contract as rescinded and refuse further performance; under section 39, where a party refuses to perform “his promise in its entirety, the promisee may put an end to the contract”.
  2. Suit for damages: compensation for loss which naturally arises in the usual course of things from the breach, or which the parties knew when they contracted to be likely to result from it.
  3. Suit upon quantum meruit: payment for what has been done, where the contract is discharged after part performance.
  4. Suit for specific performance: the court may order the party in breach to perform his promise where damages are not an adequate remedy.
  5. Suit for injunction: an order restraining a party from doing what he promised not to do.

Conclusion. The aggrieved party may rescind, claim damages or payment on a quantum meruit, or ask the court for specific performance or an injunction.

Where the 6 marks sit

#ComponentMarks
1Breach and rescission2
2Damages and quantum meruit2
3Specific performance and injunction2
Total6
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