Topic > Breach of Contract and Remedies - 1669

When a contract has been broken by the party suffering such breach1 he is entitled to receive from the party who broke the contract compensation for any loss or damage caused to him by which the natural course of things from such breach or which the parties knew at the time of the conclusion of the contract that could arise from the breach thereof, such compensation shall not be given for any remote loss or damage suffered as a result of the breach. Explanation – In assessing2 the loss or damage arising from the breach of contract, consideration must be given to the existing means of remedying this inconvenience caused by the failure to perform the contract. BREACH OF CONTRACT AND REMEDIES – Illustrations to the sections illustrate various types of breaches . There are 3 types of violations on aa remedies viz. SPECIFIC PERFORMANCES, INJECTION 3 DAMAGE . This section covers the last remedy. This section is activated in the event of breach of contract and establishes the principle for claiming damages, the next section deals with the so-called liquidated damages, i.e. the amount agreed between the parties to pay in the event of non-compliance. The damages covered in the section are pecuniary in nature or loss of property, occur remote or indirect damages faced by the party. Remote or indirect damages such as disappointment, mental vexation, hurt feelings are excluded from this sectionDamages two: rulesThe section provides for loss of damages(1) Which manually have naturally arisen in the usual course of things from the breach; or (2) That the parties knew when they had a contract between them, which would likely result from the breach (the first…half of the document…damages). When it is impossible or undesirable to quantify the damage in this way, the judge may provide for pecuniary compensation, intended to restore to the injured person the economic status at the time of the conclusion of the contract (the so-called "dependent measures"), or aimed at preventing the defaulting party becomes unjustly enriched. Damages for breach The contract is not property. Only through some consider supporting the commitment on which the specific performance or compensation for damages is based, if a remedy is available. 1 The party injured by a breach of contract may bring an action for damages. “Damages” means that monetary compensation is calculated based on the loss suffered by the injured party. Lieson burden on the injured party to prove his loss.2 Damages for any action raise two questions. The first issue concerns corrupt “remoteness” and the second concerns damage