20-11-2012, 04:57 PM
REMEDIES FOR BREACH OF CONTRACT
REMEDIES FOR BREACH OF CONTRACT.pptx (Size: 528.06 KB / Downloads: 30)
SUIT UPON QUANTUM MERUIT
The phrase quantum meruit literally means “as much as is earned” or “in proportion to the wok done”.
The right to sue upon quantum meruit usually arises where after part performance of the contract by one party, there is a breach of contract, or the contract is discovered void or become void.
This remedy may be availed of either without claiming damages (ie., claiming reasonable compensation for the work done) or in addition to claiming damages for breach (ie., claiming reasonable compensation for part performance and damages for remaining unperformed part).
SUIT FOR SPECIFIC PERFORMANCE
Specific performance means the actual carrying out of the contract as agreed. Under certain circumstances an aggrieved party may file a suit for specific performance i.e., for a decree by the court directing the defendant to actually perform the promise that he has made. Such a suit may be filed either instead of or in addition to a suit of damages.
SUIT FOR AN INJUNCTION
‘Injunction’ is an order of a court restraining a person from doing a particular act. It is a mode of securing the specific performance of the negative terms of the contract. To put it differently, where a party is in breach of negative term of contract(i.e., where he is doing something which he promised not to do), the court may, by issuing an injunction, restrain him from doing, what he promised not to do. Thus ‘injunction’ is a preventive relief. It is particularly appropriate in cases of ‘anticipatory breach of contract’ where damages would not be an adequate relief.