Consequences for Breach of Contract Flashcards
Suit for specific performance
Order of court to do promise
Suit for Injunction
Order of court prohibiting from doing on act
Ordinary damages
To compensate losses arises naturally in usual course of things
Rules of ordinary damages
1- Ordinary damages are allowed even not stated in contract
2- Actual loss is allowed as damages
Special Damages
To compensate losses likely to result from breach of contract and parties knew
Rules of special damages
1- Allowed only if communicated
2- Allowed on the basis of actual loss
(Remote and indirect loss)
Definition of Penalty
Parties fix an amount paid on breach of contract
Goods / services not delivered
- Avail other options to minimize loss
1- Ordinary Damages
- For goods = Contract price - Market price (If market price is not given , contract price is equal to market price)
- For services
(Reasonable loss due to breach of contract)
2- Special damages (if communicated at time of contract)
- Cancellation of other contract = Loss of profit + Compensation paid
- Stop of production (loss of normal profit)
Money not delivered
Reasonable interest