Breach of contract

SUBJECT:BUSINESS LAW. PRESENTED BY:

SUBMITTED TO :MS. NAILA KAUSAR. BISMA ALI

HURAIRA MAJEED.
What is breach of contract:

 Breach of contract is a violation of

any of the agreed-upon terms and
conditions of binding contract. The
breach could be anything from a
late payment to a more serious
violation, such as the failure to
deliver a promised asset. A contract
is binding and will hold weight if
taken to court.
Types of breaches:
Material Breach:

The first and the most sever type of

breach, is called “material breach”.
Generally a material Breach of
contract is involves one of the key
elements of the contract not being
provided or undertaken as agreed.
Minor Breach:

It’s important to be cleared that not

all breaches of the contract will be
material and hence immediately end
the wronged party's obligations. In
this case there would have been a
remedy to the breach of contract.
Anticipatory Breach:

Anticipatory breach occurs when a party

repudiates prior to the date that the
performance is due. Anticipatory breach is
an excuse for non-performance by the non-
breaching party. A party can retract its
anticipatory breach provided that the non-
breaching party has not relied on it.
Actual Breach:

 This is of course the most

common way that a part will
breach a contract. It occurs
when time arrives for a party
to perform their side of an
agreement and they don’t
perform.
 Fundamental Breach:
 Fundamental breach is that one of the
parties to the agreement failed to
comply with its part of the business by
failing to fulfill a contractual clause that
was important to the agreement to such
an extent that another party could not
fulfill its own responsibilities in the
contract
Suit for Rescission:
 The breach of contract no doubt
discharges the contract, but the aggrieved
party may sometimes need to approach
the court to grant him a formal rescission,
i.e. cancellation, of the contract. This will
enable him to be free from his own
obligations under the contract.
Suit for Damages:

 The suit for damages can be filed where any

person starts malicious prosecution and register
false criminal case against anyone, commits
defamation, breaches a contract or inflicts civil
injury. In such cases, the plaintiff demands for
money as a compensation by defendant.
Types of Damages:
Suit upon Quantum Meruit:

 Quantum meruit is a Latin term, which means”

as much as earned” & “as much as deserved”. A
right to sue on a quantum meruit arises where a
contract, partly performed by one party, has
become discharged by the breach of the other
party. The right to payment is based on an
implied promise by the other party to pay for
what has been done.
Suit for specific performance:

 Suit for specific performance can be filed by

any party, in a court of competent jurisdiction,
who has suffered loss due to non-
performance of contract on part of the other
party to the contract. Remedy of specific
performance, which is affected in case of
breach of contracts, is provided by the equity
courts.
 Suit for injuction:

 Suit for injunction is a very common

and effective remedy against any
mischief played by a third-party. All
the civil courts are empowered to
issue injunctions. An injunction may
be issued for and against individuals,
public bodies or even State