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    Breach of Contract 2

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    faria
    The document discusses various remedies for breach of contract, including suit upon quantum meruit, suit for specific performance, and suit for injunction. [1] Suit upon quantum meruit allows a party to claim remuneration for work already completed if the other party cancels the contract. [2] Suit for specific performance directs the guilty party to actually fulfill the contract, such as when damages are not an adequate remedy or damages are difficult to calculate. [3] Suit for injunction is a court order restraining a person from doing something they promised not to do, such as breaching an agreement to exclusively work with or supply one party.

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    Breach of Contract 2

    Uploaded by

    faria
    90 views9 pages
    The document discusses various remedies for breach of contract, including suit upon quantum meruit, suit for specific performance, and suit for injunction. [1] Suit upon quantum meruit allows a party to claim remuneration for work already completed if the other party cancels the contract. [2] Suit for specific performance directs the guilty party to actually fulfill the contract, such as when damages are not an adequate remedy or damages are difficult to calculate. [3] Suit for injunction is a court order restraining a person from doing something they promised not to do, such as breaching an agreement to exclusively work with or supply one party.

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    Breach of contract 2

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    The document discusses various remedies for breach of contract, including suit upon quantum meruit, suit for specific performance, and suit for injunction. [1] Suit upon quantum meruit allows a party to claim remuneration for work already completed if the other party cancels the contract. [2] Suit for specific performance directs the guilty party to actually fulfill the contract, such as when damages are not an adequate remedy or damages are difficult to calculate. [3] Suit for injunction is a court order restraining a person from doing something they promised not to do, such as breaching an agreement to exclusively work with or supply one party.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    90 views9 pages

    Breach of Contract 2

    Uploaded by

    faria
    The document discusses various remedies for breach of contract, including suit upon quantum meruit, suit for specific performance, and suit for injunction. [1] Suit upon quantum meruit allows a party to claim remuneration for work already completed if the other party cancels the contract. [2] Suit for specific performance directs the guilty party to actually fulfill the contract, such as when damages are not an adequate remedy or damages are difficult to calculate. [3] Suit for injunction is a court order restraining a person from doing something they promised not to do, such as breaching an agreement to exclusively work with or supply one party.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 9

    LAW OF CONTRACT

    Chapter No. 10
    Lecture No. (2)

    Breach of Contract
    REMEDIES FOR BREACH OF CONTRACT
    (3) Suit upon Quantum Meruit

    The term quantum meruit means payment in proportion to the work


    done or reasonable value of work done. Where a person has done some
    work under a contract and the other party cancels the contract or an event
    happens, which makes the performance of the contract impossible; such
    party can claim remuneration for the work already done. The right to
    claim for quantum meruit arises when the original contract is discharged.
    If the original contract exists, the party may sue for quantum meruit. The
    aggrieved party may sue in the following cases:

    2
    REMEDIES FOR BREACH OF CONTRACT
    Suit upon Quantum Meruit

    (a) When an agreement becomes subsequently void.

    (b) When there is a promise to render services but no agreement about


    remuneration.

    (c) Where something is done without any intention to do so


    gratuitously.
    (d) When the contract is divisible.

    (e) When the completion of the contract is prevented by the other party.
    (f ) When an indivisible work is badly performed.

    3
    REMEDIES FOR BREACH OF CONTRACT
    Suit upon Quantum Meruit (Example)
    (a) B contracts to build a 3 storey house for A. When one story is
    complete, A stops B’s work. B can get compensation for work done.

    (b) C was employed MD in a company. After 3 months it was found


    that the directors were not authorized to appoint him. C sued for
    remuneration. Held, C could recover for the work done.

    (Craven Ellis vs. Canon Ltd.)

    4
    REMEDIES FOR BREACH OF CONTRACT
    (4) Suit for Specific Performance

    Specific performance means the actual carrying out of the contract by

    a party. In some cases where the damages are not an adequate remedy the

    court may direct the guilty party to fulfil the contract. The aggrieved party

    can sue for specific performance in the following cases:

    5
    REMEDIES FOR BREACH OF CONTRACT
    Suit for Specific Performance
    (a) Where compensation in money is not an adequate
    remedy.
    (b) Where it is difficult to calculate the actual damages.
    (c) Where compensation in money cannot be obtained.
    Specific performance is not granted in the followings cases:
    (a) Where damages are an adequate remedy.

    (b) Where the court cannot supervise the execution of the


    contract, e.g, a construction contract.
    (d) Where one of the parties is a minor.

    6
    REMEDIES FOR BREACH OF CONTRACT
    Suit for Specific Performance (Example)

    (a) A agrees to sell his plot to C, who agrees to buy to erect a mill. A

    commits breach. On the suit of C, A is directed by the court to perform

    the contract.

    (b) A agrees to sell B his painting, but commits breach, B cannot sue

    for damages. A shall be ordered to make specific performance to B.

    7
    REMEDIES FOR BREACH OF CONTRACT
    (5) Suit for Injunction

    Injunction is an order of a court restraining a person from doing

    something which he promised not to do. It is a preventive relief. If is a

    discretionary remedy of the court. It is appropriate in cases of

    anticipatory breach of contract.

    8
    REMEDIES FOR BREACH OF CONTRACT
    Suit for Injunction (Example)

    (a) W agreed to sing at Lu’s theatre and for no one else.

    Afterwards W contracted Z to sing at another theatre and refused to sing

    for Lu. Held, W could be restrained by injunction from singing for Z.

    (Lumly vs. Wagner)

    (b) G agreed to take the supply of electricity only from M company.

    G was, restrained by an injunction from buying electricity from any

    other company. (Metropolitan Electric Supply Co. vs Ginder).

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