In general term, contract is an agreement which is enforceable by law. An agreement
consists of promises between the parties. Breach of contract is the failing to perform any
term of contract, written or oral, without a legitimate legal excuse. This may include not
completing a job, not paying in full or on time, failure to deliver all the goods, being late
without excuse, or any act which shows the party will not complete the work. One of the
most common reasons for filling law suits for damages or claims for specific performance of
the contract is out of the breach of contract. The court must meet any of the conditions
given below in order to support a case of breach of contract:
1. The contract must have validity. It should include all the elements of the contract in
order for a court to hear it.
2. The claimant must prove that the terms of the contract have been violated by the
3. The plaintiff did everything possible for the execution of terms of contract.
4. A fair notice of such violation must have been given to the defendant.
When one of the parties makes a breach a contract, the following remedies are available to
the other party:
1. DAMAGES – Remedy by way of damages is the most common remedy available to the injured person. Damage in common language means an award of money to be paid by a defaulting party to a non-defaulting party as compensation for loss or injury caused due to the non-performance of terms of contract.The object of an award of damages for breach of contract is to place the claimant, so far as money can do it, in the same situation, with respect to the damages, as if the contract has been performed.
2. QUANTUM MERUIT – Quantum meruit is a Latin phrase which means ‘what one has earned‘ or ‘as much as he has earned’. In simpler terms, it refers to the actual value of services rendered or performed. Under this action, if A and B have entered into a contract, and A, who has already performed a part of the contract, is then prevented by B from performing the rest of his obligation under the contract, A can recover from B reasonable remuneration for whatever he has already done.
A contract is a set of obligations and rights of the parties. It would be of no value If there is no proper statutory provision for compensation for damages or loss caused to aggrieved party. All the remedies available to the non-defaulting party by way of compensation for damage or loss from the defaulter party are contained in chapter VI of the Indian Contract Act, 1872.
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.