Professional Documents
Culture Documents
Discharge by Breach
Discharge by Breach
Discharge by Breach
BREACH
BREACH OF CONTRACT
• A BREACH OF CONTRACT OCCURES WHEN
A PARTY THERETO, RENOUNCES HIS
LIABILITY UNDER IT, OR
• ANTICIPATORY
BREACH.
• PRESENT BREACH.
ANTICIPATORY BREACH
• An anticipatory breach occurs when, prior
to the promised date of performance, the
promisor absolutely repudiates the
contract.
• Rights of the parties in such a case:
• The other party is excused from
performance or further performance.
• The injured party get the right to sue.
Damages For Breach
• The party who is injured by the breach of
the contract may bring and action for
damages.
• Every action for damages raises two
problems:
• The first problem of “remoteness of
damage” and the second that of “measure
of damages”
Remoteness of Damage
• Example:
• Impure mustard oil supplied
by manufacturer.
• Shopkeeper selling the oil
arrested, prosecuted and
convicted.