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1. Right of rescission
2. Right to claim damages
3. Quantum meruit
4. Specific Performance
5. Injunction order
The aggrieved party has the following rights at the discretion of the court:
1. Right of rescission: When one party to the contract breaches the contract, the other
party need not perform his part of the obligations. The aggrieved party may rescind
the contract. In such cases, the aggrieved party can either rescind the contract or file
a suit for damages.
The rights of rescission are lost in the following cases:-
Where the party waives its right to rescind, the right of rescission is lost.
Where the contract is not divisible and the party wants to rescind only a part
of the contract
Where the parties cannot be placed in the same position in which they were
before the breach took place. Eg subject matter is destroyed or consumed
Where in the mean-time, third parties have acquired interest bonafide and
for value
3. Quantum Merit: The Latin maxim Quantum merit means – as much as is merited i.e.
in proportion to the extent of the work done. A claim may be allowed by the court
where the aggrieved party has performed the contract and is prevented by the other
party from performing the remaining contract for the proportion of work done or
goods supplied.
4. Suit for specific performance: The suit for Performance is regulated by the specific
relief act,1963. Specific performance means the actual carrying out of the contract as
agreed. The court may grant for specific performance where it is just and equitable
to do so. Specific Performance may be granted under the following grounds:
Lack of standard for ascertaining the damages
Where compensation is not adequate relief
Substantial work has been done by the plaintiff
The court cannot grant the remedy of specific performance in the following
situations:
5. Suits for injunctions: Injunction is an order of the Court restraining a person from
doing a particular act. Where the defendant is doing something which he has
promised not to do, then the injured party will get a right to file a suit for injunction.