Page 34 - 01. Indian Contract Act, 1872
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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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