PAPER ID: IJIM/Vol. 8 (V) September 2023/5-10/2

AUTHOR: Ritu

TITLE: BREACH OF CONTRACT AND REMEDIES: CRIMINAL LIABILITY IN INDIA

ABSTRACT: A party violates a contract if they release themselves from obligations under it, make it impossible for them to do so, or totally or partially fail to do so. Contract violations might be either anticipatory or actual.

When a contract is breached, the rights of the non-breaching party are violated. His rights must be reinstated as a result. The person that has been wronged in this scenario has a number of options for redress. Damages are an acceptable remedy under common law. Giving the innocent party financial reparation is the basic goal of damages. Damages should be awarded. They are calculated by considering the plaintiff’s position if the Contract had been properly carried out. Money damages might be liquidated, consequential, nominal, or compensatory. The harmed party may also be eligible for another class of remedies known as equitable remedies. When damages are insufficient, they are the only arbitrary remedies permitted by equity. Remission, restitution, particular performance, injunctions, quantum meruit, Anton Piller orders, etc. are a few examples of equitable remedies. The court may issue a Writ of Attachment or Writ of Garnishment to execute the remedies if the judgement offender refuses to pay.Sections 73, 74, and 75 of the Indian Contract Act, 1872 address remedies and monetary fines for contract breaches.

KEYWORDS: – Breach, The Indian Contract Act, 1872, Remedies, Criminal, Damage, Legal, Cases

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