Breach Of Contract

Question 1

Quantum meriut

Answer 1

1. Meaning - as much he has earned.
2. Give the other person equitable compensation even when no renumeration has been explicitly stated

Suit upon quantum meruit when
1. Sec 65- work done in the execution of contract but later discos that the contract is void
2. Sec 70: when a person enjoys the benefit of a non gratuitous act despite the fact that there is no express agreement between the part

Best J 2 rules in mavor vs pyne

1. Only if original contract discharged
2. Enforced by party not at default

QM vs damamges

1. Restitutory vs Compensatory
2. If contract had not been entered into vs if contract had been performed

Planche vs colburn- large voume of book 100 euros - midway - 50 euros

Question 2

On breach of contract only such loss can be recovered as was in contemplation of both the parties at the time of entering into contract.

Answer 2

1. Damages - given to restore the innocent party to original financial state
2. Sec 73- loss naturally arising in usual course. Not for remote or indirect loss as a consequence of BOC. Means which existed to remedy the inconvenience will also be taken into consideration
3. The rules for remoteness of damage was given in HADLEY vs BAXENDALE
4. Fairly/ reasonably arising out of usual course of things
   2 should be in contemplation of both the parties. Spl circumstances–> spl damagees. Normal circumstances–> ordinary damages

Therefore in this case the loss of profit due to delay in delivery of machine parts was held to be not recoverable as other party was not informed about the purpose of cargo

4. Note that damage are paid as a way of restitution or compensation. Not punishment

Victoria laundary vs newmann industries - boiler to P- delay by 20 weeks. D knew P required it for his dying business. Same time lost some lucrative contracts. D not aware of it

Question 3

Anticipatory breach

Answer 3

1. Campbell CJ in hochester vs Dela tour
2. If promisee forsee breach - take steps

Provisions
1. Sec 39
2. Sec 60 of sales of goods act

Avery vs Bowden - subsists . But b4 actual breach frustration

State of Kerala vs Cochin refinery - repudiation

PremTure destruction