Breach Of

Contact
Introduction
Types of Breach Of Contract

Actual Anticipat
Breach ory
of Breach of
Contract Contract
 Actual Breach of Contract-
Meaning & Consequences
Bre
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 Anticipatory Breach of Contract-
Meaning & Consequences
Wh
MEANI Oth
CONSE
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ere er
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the part
part y to
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Remedies for Breach of Contract

Suit for
Rescission
damages

Suit for
Suit for specific
‘Quantum
performance
Meriut’
 Rescission of the Contract

• When one party to the contract breaches the contract, the

other party need not perform his part of the obligations.
The aggrieved party may rescind the contract.
• In such cases, the injured / aggrieved party can either
rescind the contract of file a suit for damages.
• In general, rescission of the contract is accompanied by a
suit for damages.
 Suit for damages
The aggrieved party of the contract is entitled for monetary
compensation when the contract is breached. The objective of Suit for
damages is to put the aggrieved in a position in which he would have
been had there been performance and not breach. The aggrieved must
be able to prove the actual loss or no damages will be awarded.

Damages can be of four kinds.

ORDIN SPECIA EXEMP NOMIN

ARY L LARY AL
DAMA DAMA DAMAG DAMA
GES GES ES GES
 Suit for Quantum Merit

The term "Quantum Merit" is derived from Latin which

means "what one has earned". The injured party can file
a suit upon quantum merit and may claim payment in
proportion to work done or goods supplied.
 Suit for Specific Performance

 Specific Performance means the actual carrying out of the

contract as agreed. The Court may grant for specific
performance where it is just and equitable to do. Specific
Performance may be granted under the following
grounds.
• Lack of standard for ascertaining the damages

• Where compensation is not adequate relief

• Substantial work done by the plaintiff.