In cases of breach of contract the following remedies are available to the injured party :
A. He may sue for damages. Damages are the monetary compensation for the injury suffered. It is not given for any remote or indirect loss.
Remoteness of damages are based on the following :
i) whether the damages is the consequence of the breach;
ii) whether it is the probable consequence;
iii) whether the parties had contemplated the damage when the contract was entered into.
if the parties had specified the amount of damages in the case of breach , then the said amount should be made by the guilty party whether or not the loss had been caused.
Damages maybe either General or Special.
General damages: When the loss arises naturally from the breach general damages can be claimed. These are damages which maybe ordered by the court when the court cannot point out any measure of damages by which they are assessed except in the opinion of a reasonable man.
When the parties fix a sum which is to represent an estimate of the probable damage that is likely to result from the breach it is called liquidated damages.
Exemplary damages ( Punitive or penal damages) is awarded in cases to preserve certain as highly of specialised obligations.
Nominal damages (where the party has not suffered any loss)
Damages for loss of reputation
Damages for inconvenience and discomfort.
A. He may sue for damages. Damages are the monetary compensation for the injury suffered. It is not given for any remote or indirect loss.
Remoteness of damages are based on the following :
i) whether the damages is the consequence of the breach;
ii) whether it is the probable consequence;
iii) whether the parties had contemplated the damage when the contract was entered into.
if the parties had specified the amount of damages in the case of breach , then the said amount should be made by the guilty party whether or not the loss had been caused.
Damages maybe either General or Special.
General damages: When the loss arises naturally from the breach general damages can be claimed. These are damages which maybe ordered by the court when the court cannot point out any measure of damages by which they are assessed except in the opinion of a reasonable man.
Special Damages : When loss arises because of an unusual circumstance which the promisor was aware of and the parties had taken it into consideration whilst entering into the contract, special damages maybe claimed. However, if the unusual circumstance was not known, then it cannot be claimed.
When the parties fix a sum which is to represent an estimate of the probable damage that is likely to result from the breach it is called liquidated damages.
Exemplary damages ( Punitive or penal damages) is awarded in cases to preserve certain as highly of specialised obligations.
Nominal damages (where the party has not suffered any loss)
Damages for loss of reputation
Damages for inconvenience and discomfort.
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What are the remedies available against a breach of contract?
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