Following remedies are available to the Breach of Contracts :
Suit Upon Quantum Meruit (Sections 65 and 70)
The third remedy for a breach of contract available to an injured party against the guilty party is to file a suit upon quantum meruit. The phrase quantum meruit literally means “as much as is earned” or “in proportion to the work done.” A right to use 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 becomes void. This remedy may be availed of either without claiming damages (i. e., claiming reason-able compensation only for the work done) or in addition to claiming damages for breach (i.e., claiming reasonable compensation for part performance and damages for the remaining unperformed part).
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 for 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 regal remedy is inadequate or defective, that the courts issue a decree for specific performance. It is usually granted in contracts connected with land buildings 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.
Suit for Injunction:‘Injunction’ is an order of a court restraining a person from doing 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 the 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.
Suit Upon Quantum Meruit (Sections 65 and 70)
The third remedy for a breach of contract available to an injured party against the guilty party is to file a suit upon quantum meruit. The phrase quantum meruit literally means “as much as is earned” or “in proportion to the work done.” A right to use 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 becomes void. This remedy may be availed of either without claiming damages (i. e., claiming reason-able compensation only for the work done) or in addition to claiming damages for breach (i.e., claiming reasonable compensation for part performance and damages for the remaining unperformed part).
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 for 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 regal remedy is inadequate or defective, that the courts issue a decree for specific performance. It is usually granted in contracts connected with land buildings 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.
Suit for Injunction:‘Injunction’ is an order of a court restraining a person from doing 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 the 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.
Remedies of Breach of Contracts
![Remedies of Breach of Contracts]()
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