A contract creates rights and obligations for the parties involved. When all obligations under a contract have been fulfilled, the contract terminates. If a party fails to perform their obligations under the contract or refuses to do so, it results in a breach of contract. There are two types of breach: actual breach, where a party fails to fulfill their promise; and anticipatory breach, where a party indicates before the time for performance that they will not fulfill their obligations. When a breach occurs, the wronged party is known as the aggrieved party and has several legal remedies available to them, including rescinding the contract, suing for damages or specific performance, seeking an injunction, or claiming compensation on a quantum meruit basis
1. Guru Jambheshwar University of Science and Technology
Submitted to: Submitted by:
Professor Nirmala
Usha Arora 15105020
MBAM
2. A Contract gives rise to rights and obligation.
When the obligation under a contract have been
performed, the contract terminates. A contract is
discharged only by performance of obligation.
“ If a party to a contract does not perform his
obligation , or refuse to fulfil it or disabled himself
from fulfilling it is known as breach of contract.”
3. Types of breach of contract :
1) Actual breach of contract
2) Anticipatory breach
4. When a party does not fulfil his promise or
refuse to perform it, breach of contract take
place.
In that contract, another party is
technically known as aggrieved party. Such
aggrieved party has got various legal
remedies.
5. 1) Rescission of the contract
2) Suit for damages
3) Suit for specific performance
4) Suit injunction
5) Suits upon quantum merit
6. When a party makes breach of contract by
not fulfilling his obligation, the aggrieved
party has a right to rescind such contract.
The aggrieved party gets released from his
obligation in that contract.
7. On making a breach of contract by a party,
the aggrieved party may suffer monetary
loss.
In such case, the aggrieved party has a
right to claim for compensation.
8. Type of Damage:
1) Ordinary Damage
2) Special Damage
3) Exemplary Damage
4) Nominal Damage
9. Breach of contract take place and aggrieved party
suffer a loss.
These losses may be of nature that damage
granted for these by court may be inadequate.
It is because such losses can not be measured in
term of money.
10. In a contract if the party has made a promise for
not doing something, and that party makes a
breach of contract by doing that thing.
To prevent such party form doing that act an order
of injunction may be claimed by an aggrieved
party.
11. In a contract the promisor may be in the process of
performing his promise. Before he completes it, the
promisee make a breach of contract. The
aggrieved party can also claim for quantum meruit.
Quantum Meruit aggrieved party can also claim for
the reasonable cost of work done by him in the
contract.