Documente Academic
Documente Profesional
Documente Cultură
Nauman Ali
Gulraiz Ali
Ismaeel Ali Hamza Waqar
Ismaeel Roll # 55
Actual Breach
Anticipatory Breach
ACTUAL BREACH
Actual breach occurs where one party refuses to perform his side of the contract on the due date or performs incompletely and does not inform the other party.
ANTICIPATORY BREACH
Anticipatory breach occurs where one party announces, in advance of the due date for performance, that he intends not to perform his side of the bargain.
GULRAIZ (21)
Suit for Rescission of contract Suit for Damages Suit upon quantum meruit Suit for specific performance Suit for an injunction
When one of the parties to a contract commits breach the other party may rescind the contract and need not to perform his obligation under the contract.
Illustration:
Mr. Bilal contract to supply certain goods to Mr. Salman for Rs 10,000 with in two days. If Mr. Bilal does not supply the goods with in the specific time, Mr. Salman need not pay the price Mr. Salman may treat the contract as rescinded Mr. Salman can file a suit for rescission and claim damages.
KINDS OF DAMAGES:
Ordinary damage are naturally and directly arises on account of unusual circumstances. No compensation can be claimed for any indirect loss or damage due to breach of contract. The aggrieved part can only claim damages for loss, which is the direct result of such breach.
Illustration:
A Company agree to sell 50 compute to City computer College on a fixed day. Company does not know that is a newly establish College which starting the classes first time. Company break the promise and City College have no computer on the date of commencement of classes and loss of new students. City College can claim damages for the breach of contract by not delivering the computers on time.
SOHAIB (38)
2)SPECIAL DAMAGES
According to sec 73 special damages are those which arises on account of the special or unusual circumstances. The non performance of the promise gives the right to promisee to claim ordinary damages as well as some special damages.
pasties must be known about the special circumstances at the time of contract. Where aggrieved party already knows the special circumstances, he cannot claim special damages. Damages arise due to breach of contract. Contracting parties must have knowledge about the loss.
Illustrations
3)EXEMPLARY DAMAGES
The damages which are awarded with a view to punishing the guilty party for the breach and not by way of compensation for the loss the suffered by the aggrieved party are called exemplary damages.
Breach
of a contract to marry. Dishonour of a cheque by a banker when there are sufficient funds to the credit.
Illustrations
4)LIQUIDATED DAMAGES
According to Sec.74 when at the time of formation of contract the contracting parties fix the amount of damages, it is consider as liquidated damages.
Illustrations
5)NOMINAL DAMAGES
Where the aggrieved party has not actually suffered any loss or damages due to breach of contract, the damages received by him are nominal damages.
NAUMAN (17)
The phrase quantum merit literally means as much as is earned or in proportion to the work done.
Illustration:
(A)
(B)
c)
d)
e)
f)
Contract discovered void (Sec 65). Where something has been done without any intention to do something gratuitously (Sec 70). Contract is divisible. One Party refuse to perform contract. When there is promise to render but there is no agreement as to reward. When the completion of the contract has been prevented by other party.
Where amount of damages are not sufficient to compensate the loss of aggrieved party. Where compensation cannot be obtained.
b)
c)
When there is no standard for ascertaining the actual damages caused by nonperformance.
i.
ii.
iii. iv. v.
Illustration:
(A)
(B)
HAMZA (37)
When one of the contracting party does not follow the terms of contract, the court may issue an order directing the concerned party to follow the terms of contract. This is called suit for injuction. The injured party can file a suit in the court of law to obtain an order not to break the terms and conditions of the contract.
Illustration
A and b
TH