Student at Kirit P. Mehta, School of Law, India
When parties enter into a contract there is a huge probability that one of the parties is going to breach the contract. In this scenario mitigating the damage done to the other parties becomes quite a difficult task. The court here needs to decide upon various types of breaches for simplification of remedies and sort the matter. The author tries to differentiate between the types of breaches and also verifies them through various cases. The case laws show how the actual progress has occurred in providing relief to the damaged party over the period of time. Various doctrines have been devised through these case laws which the author tries to decode here. Although we have adopted the India Contract Act, from the English back in 1872, it has progressed magnificently and new additions have been made from time to time and it has transformed into something quite different from what it actually was. The law has definitely not been static in any sense and we Indians have given a new perspective to it sometimes even going back on what was originally stated. Through this paper, the author tries to explain the meaning, nature, and purpose of different types of breaches in contract law as well as sheds some light on the remedies available for the injured party, with the help of cases laws. It also compares and contrasts different types of breaches of contract and tries to go into their fundamentals and the reasoning behind the remedies.
International Journal of Law Management and Humanities, Volume 5, Issue 4, Page 1473 - 1481DOI: https://doij.org/10.10000/IJLMH.113485
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