Indian Contract Act, 1872, Section 73 -- Breach of contract - Compensation - Damages arising out of a breach of contract is treated separately from damages resulting from obligations resembling those created by contract...........
Indian Contract Act, 1872, Section 73 -- Compensation - When parties are governed by contract, a claim in quantum meruit u/s 70 of the Act not permissible...........
Civil Procedure Code, 1908, Order 20, Rule 12, Indian Contract Act, 1872, Section 73, 74 -- Mesne profits - Lease deed - Actual rate of prevailing rent - No evidence led as to what was actual rate of prevailing rent for grant of mesne profits at a rate higher than agreed rent - Lease deed in question also does not provide for a figure of Rs.48,000 p.m to be granted as..........
Indian Contract Act, 1872, Section 73 -- Breach of contract - Assessment of damages - Reckoning date - Damages other than consequential loss have to be measured at the time of breach - However, this rule is flexible which needs to be assessed in facts and circumstances of individual case...........
Indian Contract Act, 1872, Section 73 -- Contract - Breach of contract - In common law, claim for damages is rule and specific performance is an exception - While in civil law, specific performance has traditionally been a prime remedy for breach of contract...........
Indian Contract Act, 1872, Section 73 -- Breach of contract - Damages/compensation - Whenever, builder refuses to perform contract without valid justification, buyer is entitled for compensation as he is deprived of price escalation of flat - Every breach of contract gives rise to an action for damages - Such amount of damages must be proved with reasonable certainty...........
Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Damages - Merely because there is breach of contract such breach is not actionable unless breach of loss is caused to aggrieved party - Moreover, there can be forfeiture of amount paid under contract only when aggrieved party is caused loss...........
Indian Contract Act, 1872, Section 73, 74 -- Breach of contract - Damages - Suit for recovery - As per admitted facts on record defendant neither as per its written statement nor as per its evidence led, ever pleaded and proved that any loss has been caused to defendant on account of failure by plaintiff to take dealership of defendant - Hence, defendant cannot forfeit..........
Indian Contract Act, 1872, Section 73 -- Quantum of damages - For no, supply of two rake loads of pig iron at rate offered by defendants - Admittedly, amount remained deposited with defendants for more than two years but supply of goods was not made - Therefore, plaintiffs are entitled to difference of price of goods...........
Indian Contract Act, 1872, Section 73 -- Damages - Rules of damages seek to protect both expectation and reliance interests - However, innocent party cannot ordinarily recover both expectation loss, viz., loss of profit and reliance loss, viz., expenses incurred in reliance on the promise as it would involve double counting...........
