Remedies for Breach of Contract: A Guide to Indian Law
Contracts form an integral part of business transactions, whether big or small. They define the terms and conditions of an agreement between two or more parties and ensure that all parties are aware of their responsibilities and obligations. However, despite the best intentions, contracts can be breached due to various reasons such as non-payment, non-performance, or non-compliance. In such cases, it is essential to know the legal remedies available under Indian law to resolve the breach of contract dispute.
Here is a guide to the legal remedies available under Indian law for breach of contract:
1. Specific Performance: This is a remedy available to the aggrieved party in case of a breach of a contract relating to the transfer of immovable property or goods. Under this remedy, the court orders the party in breach to perform his obligations under the contract. For instance, if a buyer fails to pay for a house, the court may order the buyer to pay the amount due, failing which possession of the house may be handed over to the seller.
2. Damages: Damages are a monetary compensation that the aggrieved party can claim for the loss or harm suffered due to the breach of contract. The damages can be liquidated or unliquidated. Liquidated damages are those that are pre-determined by the parties and included in the contract. Unliquidated damages are those that are not pre-determined and are assessed by the court based on the extent of the loss suffered by the aggrieved party. For example, if a seller fails to deliver goods as per the contract terms, the buyer may claim damages for the loss suffered due to the seller`s breach.
3. Rescission of Contract: This remedy involves the cancellation of the contract due to the breach of the contract by one of the parties. In case of rescission of contract, the parties are restored to their pre-contractual position. This remedy is available in cases where the breach is so fundamental that there is no possibility of performance by the defaulting party. For example, if a buyer discovers that the seller has misrepresented the quality of the goods sold, the buyer may ask for the rescission of the contract and return the goods to the seller.
4. Rectification of Contract: This remedy is available in cases where the contract has been entered into due to a mistake, fraud, or misrepresentation by one of the parties. Rectification of contract involves the correction of the mistake, fraud, or misrepresentation in the contract. For example, if a buyer discovers that the seller has misrepresented the quantity of goods sold, the buyer may ask for the rectification of the contract to reflect the correct quantity.
In conclusion, breach of contract can be a disheartening experience, but the Indian legal system offers several remedies to the aggrieved party to resolve the dispute. Specific performance, damages, rescission of contract, and rectification of contract are some of the remedies available under Indian law. While these remedies can help resolve disputes, it is always advisable to consult a legal expert before initiating any legal action.