Remedies for Breach of Contract – A contract is a legally binding agreement between two or more parties, wherein each party agrees to fulfill certain obligations in exchange for something of value. However, sometimes a party may not fulfill their obligations under the contract, which is known as a breach of contract. In such cases, the other party has a right to remedies for breach of contract. In this article, we will discuss the remedies for breach of contract.
Remedies for Breach of Contract:
Damages are the most common remedy for breach of contract in India. It is a monetary compensation awarded to the aggrieved party for the loss suffered as a result of the breach of contract. The amount of damages awarded depends on the type and extent of the loss suffered by the aggrieved party.
There are two types of damages – ordinary and special damages. Ordinary damages are those that arise naturally from the breach of contract, while special damages are those that are not a direct result of the breach but are a consequence of the breach.
2) Specific Performance
Specific performance is a remedy where the court orders the breaching party to fulfill their obligations under the contract. This remedy is available in cases where damages would not be an adequate remedy for the aggrieved party, and the breach of contract is of a unique nature.
For example – If a party agreed to sell a unique painting to another party, and then breached the contract, the court may order specific performance, as damages would not be an adequate remedy in such a case.
An injunction is a court order that prohibits a party from doing something or requires them to do something. In cases of breach of contract, an injunction may be granted to prevent the breaching party from continuing to breach the contract.
For example – If a party agreed not to disclose confidential information to third parties, but then breached the contract by disclosing the information, the court may issue an injunction to prevent further disclosure.
In conclusion, the remedies for breach of contract provide a means for the aggrieved party to seek redressal for the loss suffered as a result of the breach. The choice of remedy depends on the circumstances of each case and the nature of the breach. It is advisable to seek legal advice before choosing a remedy, as the wrong choice of remedy may result in further losses.