September 10, by Gregory Brown A contract is a legally binding agreement that is enforced by the full weight of the court.
This is what is called breach of contract. Rescission of the contract. Damages for the loss suffered. Suit for the specific performance. Suit upon quantum meruit. Further, the person who rightfully rescinds the contract is entitled to compensation for any damage he faced from non-fulfillment of contract.
Therefore, the aggrieved party may bring an action for damages against the party who is guilty of the breach of contract. The party who is guilty of breach is liable to pay damages to the aggrieved party. The main purpose of awarding damages is to put the injured person in as good a position as he would have been if performance had been rendered as promised.
Therefore, the aggrieved party can recover the actual damages and nothing more. Exemplary damages can be awarded only when the feelings of the injured party are considered. Types of Damages There are four types of damages, which.
Ordinary Damages or General Damages: Special damages are those damages that are payable for the loss arising on account of some special or unusual circumstances. That is, they are not due to the natural and probable consequences of the breach of the contract.
Exemplary or Vindictive Damages: These damages are very small in amount. This is known as specific performance of the contract.
But subsequently, A refused to sell it. Some of the cases where Court may direct specific performance are as follows: When the act agreed to be done is such that compensation in money, for its non-performance could not afford adequate relief.
However, specific performance shall not be granted in the following cases: Where the damages are an adequate relief.
Where the contract is determinable in its nature.
Where the contract involves personal nature. Where the Courts cannot supervise the carrying out of the contract. Where the contract is not fair and just.
In legal sense, it means payment in proportion to the work done. Cases for Claim on Quantum Meruit 1.
Where one party abandons or refuses to perform the whole contract. Here the compensation for the work done may be recovered on the basis of quantum meruit.
Where something is done without any intention to do gratuitously. In such cases, the other person is bound to make the payment if he accepts such services or goods, or enjoys their benefit.
Where a party has promised not to do something and he does it, and thereby commits a breach of contract, the aggrieved party may, seek the protection of the Court under certain circumstances and obtain an injunction. The Court refused to order specific performance because the contract was of a personal nature but granted an injunction against A to restrain him from singing anywhere else.Breach of Contract Defined and Explained with Examples.
Breach of contract is an unjustifiable failure by one party to perform his terms of a contract. Breach of Contract: Remedies The five basic remedies for breach of contract include the following: money damages, restitution, rescission, reformation, and specific performance.
A money damage award includes a sum of money that is given as compensation for financial losses caused by a breach of leslutinsduphoenix.com › USLegal Home › Contracts.
Breach of Contract • Total breach occurs when one party fails to perform its duties under the contract. • Partial breach is a failure to perform that is not substantial enough to leslutinsduphoenix.com /Performance-Conditions-Breach-Remedies-ppt.
Administrative Services | K Street, Lincoln, NE Security, Accessibility & Privacy Policies. Contact Webmaster. In a perfect world, agreements would be entered into, both sides would benefit and be pleased with the outcome, and no disputes would arise.
But in the real world of business, delays happen, financial problems can crop up, and other unexpected events can occur to hinder or even prevent a successful contract from being carried out. · Many states utilize a mix of statutory and common law to provide remedies for breach of contract.
Depending on the contract and circumstances of the breach, you may have several basic choices of leslutinsduphoenix.com › Home › Law Advice › General Practice › Contract Law › ARTICLE.