Page 34 - 01. Indian Contract Act, 1872
P. 34

  Claim for injunction
                 Claim for quantum meruit
                 Claim for damages.
                   (i)   Recession  of  contract:  It  means  right  available  to  aggrieved  party  to
                        terminate the contract In this case, the aggrieved party is not required to perform
                        his part of obligation and is entitled to claim compensation for any loss caused to
                        him.

               (ii) Claim for specific performances of the contract:
                     In  certain  cases,  when  the  damages  are  not  adequate  remedy,  the  court  may
                       direct the party in breach for specific performance of the contract and the promise
                       is carried out as per the terms of the contract.
                     Usually granted in contracts connected with land.
                     It cannot be granted where-
                   a)  Monetary compensation is an adequate relief
                   b)  Contract is of personal nature
                   c)  It is not possible for court to supervise performance of contract
                   d)  Contract is ultra virus.
                   e)  One of the parties is a minor.

               (iii)   Claim  for  injunction:  Injunction  refers  to  an  order  passed  by  a  competent
                     court restraining a person from doing some act.

                (iv)   Claims for Quantum Meruit
                       Quantum Meruit means "as much as is earned" or 'according to the quantity of work
                       done'.

                     Claim by party not at fault - In following cases, party not at fault may claim
                       payment:
                       i.  One party preventing the other from completion of contract.
                       ii.  Contract becoming void before its completion.
                       iii.  Agreement is discovered to be void.

                     Claim by party at fault - In following cases, party at fault may claim payment:
                       i.  Divisible contract partly performed
                       ii.  Indivisible contract performed completely but badly


               (v)   Claim for damages:

                         Damages are a monetary compensation awarded by the court to the injured
                          party, for the loss or injury suffered by him.

                         As per Sec. 73, when a contract is broken, the party at loss or damage from
                          the breach is entitled to receive from the party at fault, compensation for the
                          loss suffered by him.


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