REMEDIES FOR BREACH OF CONTRACT

They are:

1.RESCISSION

OF THE CONTRACT

2.SUIT FOR DAMAGES 3. SUIT UPON

QUANTUM MERUIT

4. SUIT FOR SPECIFIC

PERFORMANCE OF THE CONTRACT

5. SUIT FOR AN
INJUNCTION

3. SUIT UPON QUANTUM MERUIT

(Section 65 and 70)
The phrase quantum meruit literally means as much as is earned or in proportion to the wok done. The right to sue upon quantum meruit usually arises where after part performance of the contract by one party, there is a breach of contract, or the contract is discovered void or become void. This remedy may be availed of either without claiming damages (ie., claiming reasonable compensation for the work done) or in addition to claiming damages for breach (ie., claiming reasonable compensation for part performance and damages for remaining unperformed part).

The aggrieved party may file a suit upon quantum meruit and may claim payment in proportion to the work done or goods supplied in the following cases
1. Where work has been done in pursuance of a contract, which has been discharged by default of the defendant. 2. Where work has been done in pursuance of a contract which is discovered void or become void, provided the contract is divisible( means capable of being divided). 3. When a person enjoys benefit of non-gratuitous act although there exists no express agreement between the parties . One of such cases is provided in section 70. section 70 lays down that when services are rendered or goods are supplied by a person, (i) without any intention of doing so graciously and (ii) the benefit of the same is enjoyed by the other party, the letter must compensate the former or restore the thing so delivered. 4. A party who is guilty of breach of contract may also sue on a quantum meruit provided both the following conditions are fulfilled: (a) contract must be divisible, and (b) the other party must have enjoyed the benefit of the part which has been performed, although he had an option of declining it.

SUIT FOR SPECIFIC PERFORMANCE

Specific performance means the actual carrying out of

the contract as agreed. Under certain circumstances an aggrieved party may file a suit for specific performance i.e., for a decree by the court directing the defendant to actually perform the promise that he has made. Such a suit may be filed either instead of or in addition to a suit of damages.

A decree for specific performance is not granted for contracts of every description. It is only where it is just and equitable so to do, i.e., where the legal remedy is inadequate or defective , that the court issue a decree for specific performance. It is usually granted in contracts connected with land, buildings, rare articles and unique goods having some special value to the party suing because of family association. Notice that in all these contracts monetary compensation is not an adequate relief because the injured party will not be able to get an exact substitute in the market.

Specific performance is not granted, as a rule, in the following cases: i. Where monetary compensation is an adequate relief. Thus the courts refuse specific performance of a contract to lend or to borrow money or were the contract is for the sale of goods easily procurable elsewhere.

ii. Where the court cannot supervise the actual execution of the contract, eg: a building construction contract. Moreover, in most cases damages afford an adequate remedy. iii. Where the contract is for personal services, e.g: a contract to marry or to paint a picture. In such contracts injunction (ie: an order which forbids the defendant to perform a like personal service for other persons) is granted in place of specific performance.

SUIT FOR AN INJUNCTION

Injunction is an order of a court restraining a person

from doing a particular act. It is a mode of securing the specific performance of the negative terms of the contract. To put it differently, where a party is in breach of negative term of contract(i.e., where he is doing something which he promised not to do), the court may, by issuing an injunction, restrain him from doing, what he promised not to do. Thus injunction is a preventive relief. It is particularly appropriate in cases of anticipatory breach of contract where damages would not be an adequate relief.

THANK YOU