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(b)
What are the remedies available to an aggrieved party for breach of
contract?
Answer:
(a)
ii.)
iii.)
iv.)
v.)
(b)
ii.)
iii.)
Specific Performance
A degree of specific performance is an order of the court. It is usually
granted in those contracts related to house, land and plot. In some cases
compensation to pay. So court may issue the degree of specific
performance and can compel to defaulter party the performance of
contract. Example: Mr. Tipu agrees to sell his house to Mr. Amir, who
agrees to purchase. But due to some reasons Mr. Tipu commits breach. At
the suit of Mr. Amir court may ask Mr. Tipu to carry out the contract.
iv.)
he may get free from all its obligations for the performance of contract.
Due to such recession and non-performance injured party is entitled to get
compensation for the damages and loss. Example: Mr. Sanjay pledges the
defence savings certificates to Mr. Panday and get loan. But Mr. Sanjay
does not return the loan. Mr. Panday may file a suit for recession of the
contract responsibility to return the defence savings certificates on
payment.
v.)
Quantum Merit
It means So much as deserves" we can explain it by the following
example:
Example: Suppose Mr. Ali entered into contract with Mr. Shawn that they
will construct one room jointly. Mr. Ali will construct the wall while Mr.
Shawn will build the roof. Now Mr. Ali completes his job but Mr. Shawn fails
to build the roof of the room. Now in this case Mr. Ali is entitled to receive
the award according to his work done by him. This claim of Mr. Ali will be
called a claim of "Quantum Merit." The court will award to Mr. Ali keeping
in view the work or services performed by him.