Q Remedies For Breach of Contract/9

Q>Remedies for breach of contract/9:
ANS>When a breach of contract occurs, the aggrieved party or

injured party is entitled to the following remedies:
1. Rescission of the contract;
2. Suit for damages;
3. Suit upon quantum merit;
4. Suit for the specific performance of the contract;
5. Suit for Injunction; and
6. Suit for rectification or cancellation of written contract.
Q> Classification of Contract according to Validity/1:
>If one or more of the essential elements are missing, the contract is voidable, void, illegal or unenforceable.
Void Contract/2:
Sec. 2 (g) provides that ‘an agreement not enforceable by law is said to be void.’ For example, an agreement made by a minor.
Void Contracts/3
Sec. 10 expressly declared the following agreements void even after satisfying essential elements of contract:
1. agreements in restraint of marriage other than a minor (sec. 26)
2. agreements in restraint of legal proceeding (sec. 28)
Voidable contract/4
A voidable agreement is one, which can be avoided by some of the parties to it and until it is avoided, is good contract.
Voidable contract/5
A contract is unenforceable or voidable under the following circumstances:
coercion (sec 15)
undue influence (sec. 16)
mistake of fact (sec. 20) CLASSFCTN OF VALIDITY
misrepresentation (sec. 18)
fraud (sec. 17)
Illegal agreement/6:
an illegal agreement is one which is against a law in force in Bangladesh or against public policy, or which is criminal in nature or which is
immoral. For example, an agreement to commit murder.
Illegal agreement/7
Incidental contract to an illegal agreement is also void, e.g. if Jil borrow money from Jim and entered into a contract with Jack to kill Kim. Jim
knows the purpose of borrowing. So the contract between Jim an
Unenforceable contract/8:
an unenforceable contract is one which cannot be enforced in a court of law due to some technical defect such as absence of writing or where
the remedy has been barred by lapse of time.
d Jill is illegal.
ANS COERCION UNDUE INFLUENCE MISINTERPRETATION FRAUD
Coercion/23:
Coercion means to create pressure physically or mentally to do something or not to do something especially to enter into
contract. If this situation happens with a contract it will be a voidable contract
Undue influence/25:
For example, A very sick patient agrees to provide the doctor an unexpected sum of money to cure a disease. Held, the
doctor has got the money through undue influence.
Undue influence/26:
An agreement induced by undue influence is voidable at the option of the party whose consent was so caused.
Misrepresentation/27:
Representation means a statement of fact made by one party to the other. Thus misrepresentation means misstatement in
relation to a matter which is vital for the formation of the contract. Misrepresentation can occur in the following three ways:
Fraud/31:
is true According to Contract Act, the term ‘fraud’ includes all acts committed by a person with a view to deceive another
person. ‘To deceive’ means to ‘induce a man to believe that a thing which is false.’
ANS STATUE JUDICIAL PRECEDENT CUSTOM USAGE (SOURCE OF LAW)
In general, laws are originated from the following sources/14
Statute or Act of Parliament: Parliament is the most important modern source of

law. A statute is a document which contains laws made by Parliament.
Each statute usually deals with a separate topic such as, e.g., the Contract Act
1872 or the Sale of Goods Act 1930, The Companies Act 1994, The Partnership
Act, 1932, etc.
Judicial Precedent/15
It refers to the process whereby judges follow previously decided cases in
producing judgment in the present cases.
Customs and usage/16:

Custom or usage of a particular trade which are certain, reasonable, widely known,
evidence of general practice also guides the courts in deciding disputes arising out
of commercial transactions. It must not go against any Act or statute.
The Court System/17:
• Bangladesh Judiciary comprises of a Supreme Court, subordinate courts and tribunals.
• The Supreme Court of Bangladesh consists of the Appellate Division and the High Court Division.
The Supreme Court/18
It is the uppermost Court of the country and other courts and tribunals are subordinate to it.
Appellate Division
The Appellate Division has Jurisdiction to hear and determine appeals from judgments, decrees, orders or sentences of the High Court Division.
High Court Division
 The High Court Division may be divided into ordinary or original jurisdiction and Constitutional jurisdiction.
 Ordinary Jurisdiction refers to the jurisdiction whereby it can take a case or suit as a court of first instance. e.g. the Companies Act, 1913, the Admiralty Act,
1861.
Subordinate court
The subordinate courts are mainly divided into 2 broad categories: civil courts and criminal courts
Civil Courts/25:
Section 3 of the Civil Courts Act 1887 as amended by the Civil Courts (Amendment) Act 2001 provides for following five classes of civil courts, namely:
• 1) the Court of the District Judge;
• 2) the Court of the Additional District Judge;
• 3) the Court of the Joint District Judge.;
• 4) the Court of the Senior Assistant Judge; and COURT SYSTEM OF BANGLADESH
• 5) the Court of the Assistant Judge.
Criminal Court.
The Criminal Courts created under the Code of Criminal Procedure, 1898 are as follows:
1. Courts of Session;
2. Courts of Metropolitan Session;
3. Special Courts/Tribunals (Criminal);
4 Courts of Metropolitan Magistrate headed by Chief Metropolitan Magistrate;
5. Courts of Judicial Magistrate headed by Chief Judicial Magistrate.
Tribunal
There are a good number of special courts and tribunals both civil and criminal to deal with specific matters or offences.
For example, in the civil area there are Labour Courts to deal with disputes under labour law, Family Courts to deal with
matrimonial matters, Artha Rin Courts, Bankruptcy Courts, Income Tax Tribunals, Administrative Tribunals, and Election Tribunals
etc. to deal with relevant matters.
There are special Tribunals in the criminal area too, e.g. Public Safety Tribunals, Courts Against Repression of Women and
Children.
Validity of conract
• If one or more of the essential elements are missing, the

contract is voidable, void, illegal or unenforceable.
• Sec. 2 (g) provides that ‘an agreement not enforceable by

law is said to be void.’ For example, an agreement made by
a minor.
• Sec. 10 expressly declared the following agreements void

even after satisfying essential elements of contract:
1. agreements in restraint of marriage other than a minor
(sec. 26)
2. agreements in restraint of legal proceeding (sec. 28)
• A mistake of fact (sec. 20)
• misrepresentation (sec. 18)
• fraud (sec. 17)
• voidable agreement is one, which can be avoided by some
of the parties to it and until it is avoided, is good contract
• an illegal agreement is one which is against a law in force in Bangladesh or against public policy, or which is criminal in
nature or which is immoral. For example, an agreement to commit murder.
• Incidental contract to an illegal agreement is also void, e.g. if Jil borrow money from Jim and entered into a contract with
Jack to kill Kim. Jim knows the purpose of borrowing. So the contract between Jim and Jill is illegal.
Business Law
Business laws determine the rules that all businesses should pursue.
Business law comprises all the rules that say how to start and close, buy and
sell or manage any type of business. So, business laws are all about revolving
the rules as to how to form and run a business. Good management of Business
depends on making good contract with other party. You need to know
contract law to make a valid contract as contract is a legally binding
agreement enforceable by the courts made by two or more persons. You need
to know labor law to recruit labor, to pay wages, to terminate them.

Rule of Law/11:
A.V. Dicey’s concept of rule of law included three things-
i) absence of arbitrary power, that is, no man is above law and the persons in authority do not enjoy
wide, arbitrary or discretionary powers,
ii) equality before law, that is, every man, whatever his rank or position, is subject to ordinary laws
and jurisdiction of ordinary courts, and
iii) individual liberties.
RoL/12
Although his concept has been criticized but his emphasis that every person is subject to the ordinary
laws of land, the absence of arbitrary power and legal protection for certain basic human rights
remains the undisputed thesis of the doctrine of rule of law.
ROL/13
AN INDEPENDENT AND IMPARTIAL JUDICIARY IS A PRECONDITION TO RULE OF LAW.
RULE OF LAW IS ALSO MEANINGLESS UNLESS THERE IS ACCESS TO JUSTICE FOR
THE COMMON PEOPLE.
 LAW
 Salmond defines as “Law is the body of principles recognized and applied by the State in
the administration of justice.”
 Law is a body of rules, whether formally enacted or customary, which a state or community recognizes as binding
on its members or subjects
 It may also be said that law is a body of rules which are enforceable in a court of law. The legal system supplies
an orderly means for the settlement of disputes in the state.

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Q>Remedies for breach of contract/9:

ANS>When a breach of contract occurs, the aggrieved party or

In general, laws are originated from the following sources/14

Statute or Act of Parliament: Parliament is the most important modern source of

Customs and usage/16:

• If one or more of the essential elements are missing, the

• Sec. 2 (g) provides that ‘an agreement not enforceable by

• Sec. 10 expressly declared the following agreements void

contract law to make a valid contract as contract is a legally binding

to know labor law to recruit labor, to pay wages, to terminate them.

iii) individual liberties.

the administration of justice.”

an orderly means for the settlement of disputes in the state.

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