Presentation by Dr.

A.L. Rao on
Remedies for Breach
of Contract
• Cancellation or rescission
• Restitution
• Specific performance
• Injunction
• Quantum Meruit
• damages
Rescission
Rescission or cancellation is the revocation
of a contract. It is the way by which a
contract may be discharged.
 When rescission is granted? (Where the
contract is voidable at the option of the
plaintiff the court grants rescission to the
plaintiff)
 When may rescission be refused?
Restitution
It means return of the benefit received by
one party to the contract from the other
party under a void contract.
Specific Performance
Under certain circumstances a person aggrieved by
the breach of contract can file a suit for specific
performance under Specific Relief Act, 1963. The
same can be applied under
 Where monetary consideration is not an
adequate remedy for the breach of the contract
 When there exists no standard for ascertaining the
actual damage caused by the non-performance
of the act
However, it can not be granted under:
 Where the contract is of personal nature
 Where damages are an adequate remedy
Injunction
Aggrieved party can sue for an injunction ie.
an order of the court restraining the wrong
doer from doing or continuing the wrongful
act complained of. It is preventive relief.
Quantum Meruit
The phrase “Quantum Meruit” means
payment in proportion to the amount of
work done. This arises, where a contract,
partly performed by one party, has become
discharged by the breach of contract by
the other party.
Damages
A person who commits a breach of contract
must make compensation to the injured
party. Damages is used to mean
compensation in money as a substitute for
the promised performance.
Types of Damages
 General or Ordinary Damages
These are awarded with a view to compensate the injured
party and not with a view to punish the party at fault.
 Special Damages
Special damages are those which are the result of unusual
circumstances affecting the plaintiff.
 Vindictive or exemplary damages
These are awarded with a view to punish the wrongdoer and
not with the idea of awarding compensation to the injured
party.
 Nominal damages
Nominal damages are awarded where the injured party has
sustained damage of a short but not of a substantial nature to
be reckoned with.
THANK YOU