BREACH OF CONTRACT

AND
REMEDIES

Shubha Dubey
Shubha Mishra
 DEFINITION
 Breaking of the obligation which a contract
imposes.
 Occurs when a party to the contract without

lawful excuse does not fulfill his contractual

obligation.
 Breach of contract may be-

1. Actual breach of contract, or

2. Anticipatory or constructive breach of
contract.
 ACTUAL BREACH OF CONTRACT
 At the time when performance is due.

Actual breach of contract occurs, when at the

time when the performance is due, one
party fails or refuses to perform his
obligation under the contract.
ACTUAL BREACH OF CONTRACT, CONTD.

 During the performance of the contract

Actual breach also occurs when during the

performance of the contract, one party fails
or refuses to perform his obligation under
the contract.
Express repudiation
Implied repudiation
ANTICIPATORY BREACH OF CONTRACT

 By expressly renouncing his obligation

under the contract.
 By doing some act so that the performance

of his promise becomes impossible.

REMEDIES OF BREACH OF CONTRACT
 Rescission of the contract
 Suit for damages
 Suit upon quantun meruit

 Suit for specific performance of the contract

 Suit for injunction
 RESCISSION
 When a contract is broken by one party may
sue to treat the contract as rescinded and
refuse further performance.