The Path to a Greener Future: Understanding Sustainable Development In an era where environmental challenges and resource depletion are becoming increasingly evident, the concept of sustainable development has gained significant importance. Sustainable development aims to meet the needs of the present without compromising the ability of future generations to meet their own needs. This blog post will explore the principles, goals, and strategies of sustainable development, highlighting its critical role in ensuring a balanced and healthy future for our planet. "Transforming our world: The path to sustainable development." What is Sustainable Development? Sustainable development is a holistic approach that integrates economic growth, environmental protection, and social equity. It seeks to create a harmonious relationship between human activities and the natural world, ensuring that resources are used efficiently and responsibly. Definition: The most widely recognized de...
Parties to a lawful contract are bound to perform their respective obligations. But when one of the parties repudiates the contract, by refusing to perform his obligations he is said to have committed a breach of the contract.
In case of breach of contract, the law provides the following remedies to an injured party:
1. Cancellation or Rescission: Rescission is the revocation of a contract. It is the way by which a contract may be discharged. Where one of the parties to a contract commits a breach, the other party may treat the contract as rescinded. He is freed from all the obligations under the contract.
For example: ‘A’ singer contracts with ‘B’, the manager of the theatre to sing at his theatre for two nights in every week during the next two months and ‘B’ engages to pay her Rs 100 for each night performance. On the sixth night, ‘A’ willfully absents herself from the theatre and ‘B’ in consequences rescinds the contract. ‘B’ is entitled to claim compensation for the damage which he has sustained through the non-fulfilment of the contract.
2. Restitution: It means the return of the benefit received by one party to the contract from the other party under a void contract. When a contract becomes void it need not be performed by either party.
For example: ‘A’ pays ‘B’ Rs 1,000 in consideration of ‘B’s promising to marry ‘C’. ‘A’s daughter ‘C’ is dead at the time of promise. The agreement is void but ‘B’ must repay ‘A’ Rs 1,000.
3. Specific performance: Specific performance is a discriminatory remedy which is allowed only in a limited number of cases. Specific performance of the contract may be enforced are as follows:
i) Where monetary consideration is not an adequate remedy for the breach of contract.
ii) When there exists no standard for ascertaining the actual damage caused by the no performance of the act.
4. Injunction: Injunction are usually granted to enforce negative stipulations in cases where damages are not adequate relief. It is a preventive relief. It is particularly appropriate in cases of anticipatory breach of contract.
For example: ‘N’ a film actress agreed to act exclusively for Warner Bros for one year. During the year she contracted to act for ‘X’. it was held that she could be restrained by an injunction from acting for ‘X’.
5. Quantum merit: The phrase ‘quantum meruit’ means ‘payment in proportion to the amount of work done.’ A right to sue on a quantum meruit arises where a contract, partly performed by one party, has become discharged by the breach of the contract by the other party. The right is founded not on the original contract, which is discharged or is void, but on an implied agreement to pay for what has been done.
6. Damages: A person who commits a breach of contract must make compensation therefor to the injured party. The primary purpose of awarding damages is to put the injured person in as good a position as he would have been in the performance had been rendered as promised.
Damages are of four kinds:
i) General or ordinary damages: General damages are those which arise naturally in the usual course of thing for the breach of contract. They are awarded with a view to compensate the injured party and not with a view to punishing the party at fault. General damages are usually assessed on the basis of actual loss suffered.
For example: ‘A’ contract to sell and deliver 50 quintals of salt to ‘B’ at a certain price to be paid on delivery. ‘A’ receive from ‘A’ by way of compensation the sum, if any by which the contract price falls short of the price for which ‘B’ might have obtained 50 mounds of salt of like quantity at the time when the salt ought to have been delivered.
ii) Special damages: Special damages are those which are the result of unusual circumstances affecting the plaintiff. These are the damages which the parties knew when they made the contract, as likely to arise from the breach of the contract. The notice of special circumstances involved in a contract must be known to the party against whom special damages are claimed for breach of a contract. If he had no knowledge, he is not answerable.
For example: ‘A’ a builder contract to erect and finish a house by the 1st of January, in order that ‘B’ may give possession of it at that time to ‘C’. ‘A’ is informed of the contact between ‘B’ and ‘C’. ‘A’ builds the house so badly that, before 1st January, it falls down and has to rebuilt by ‘B’, who in consequences loses the rent which he would have received from ‘C’ and is obliged to make compensation to ‘C’ for the breach of his contract. ‘A’ must make compensation to ‘B’ for the cost of rebuilding the house.
iii) Vindictive or exemplary damages: They are awarded with a view to punish the wrong doer and not primarily with the idea of awarding compensation to the injured party. It should be sufficiently exemplary or vindictive not just financial loss actually suffered.
For example: The bank disobeyed the customer’s order to stop payment of a particular cheque and as a consequence, another cheque for £ 3 15s 18d was dishonoured as a result of inadequate funds. The court awarded £ 250 as damages to the plaintiff.
iv) Nominal damages: Nominal damages are awarded where the injured party has sustained damage of a short but not of substantial nature to be reckoned.
For example: ‘D’ contracted to purchase a Vespa Scooter from a dealer. But he failed to purchase the scooter. However, the demand for Vespa scooter far exceed the supply, and the scooter dealer could sell the scooter agreed to be purchased without loss of profit. The dealer is entitled only to nominal damages.
In case of breach of contract, the law provides the following remedies to an injured party:
1. Cancellation or Rescission: Rescission is the revocation of a contract. It is the way by which a contract may be discharged. Where one of the parties to a contract commits a breach, the other party may treat the contract as rescinded. He is freed from all the obligations under the contract.
For example: ‘A’ singer contracts with ‘B’, the manager of the theatre to sing at his theatre for two nights in every week during the next two months and ‘B’ engages to pay her Rs 100 for each night performance. On the sixth night, ‘A’ willfully absents herself from the theatre and ‘B’ in consequences rescinds the contract. ‘B’ is entitled to claim compensation for the damage which he has sustained through the non-fulfilment of the contract.
2. Restitution: It means the return of the benefit received by one party to the contract from the other party under a void contract. When a contract becomes void it need not be performed by either party.
For example: ‘A’ pays ‘B’ Rs 1,000 in consideration of ‘B’s promising to marry ‘C’. ‘A’s daughter ‘C’ is dead at the time of promise. The agreement is void but ‘B’ must repay ‘A’ Rs 1,000.
3. Specific performance: Specific performance is a discriminatory remedy which is allowed only in a limited number of cases. Specific performance of the contract may be enforced are as follows:
i) Where monetary consideration is not an adequate remedy for the breach of contract.
ii) When there exists no standard for ascertaining the actual damage caused by the no performance of the act.
4. Injunction: Injunction are usually granted to enforce negative stipulations in cases where damages are not adequate relief. It is a preventive relief. It is particularly appropriate in cases of anticipatory breach of contract.
For example: ‘N’ a film actress agreed to act exclusively for Warner Bros for one year. During the year she contracted to act for ‘X’. it was held that she could be restrained by an injunction from acting for ‘X’.
5. Quantum merit: The phrase ‘quantum meruit’ means ‘payment in proportion to the amount of work done.’ A right to sue on a quantum meruit arises where a contract, partly performed by one party, has become discharged by the breach of the contract by the other party. The right is founded not on the original contract, which is discharged or is void, but on an implied agreement to pay for what has been done.
6. Damages: A person who commits a breach of contract must make compensation therefor to the injured party. The primary purpose of awarding damages is to put the injured person in as good a position as he would have been in the performance had been rendered as promised.
Damages are of four kinds:
i) General or ordinary damages: General damages are those which arise naturally in the usual course of thing for the breach of contract. They are awarded with a view to compensate the injured party and not with a view to punishing the party at fault. General damages are usually assessed on the basis of actual loss suffered.
For example: ‘A’ contract to sell and deliver 50 quintals of salt to ‘B’ at a certain price to be paid on delivery. ‘A’ receive from ‘A’ by way of compensation the sum, if any by which the contract price falls short of the price for which ‘B’ might have obtained 50 mounds of salt of like quantity at the time when the salt ought to have been delivered.
ii) Special damages: Special damages are those which are the result of unusual circumstances affecting the plaintiff. These are the damages which the parties knew when they made the contract, as likely to arise from the breach of the contract. The notice of special circumstances involved in a contract must be known to the party against whom special damages are claimed for breach of a contract. If he had no knowledge, he is not answerable.
For example: ‘A’ a builder contract to erect and finish a house by the 1st of January, in order that ‘B’ may give possession of it at that time to ‘C’. ‘A’ is informed of the contact between ‘B’ and ‘C’. ‘A’ builds the house so badly that, before 1st January, it falls down and has to rebuilt by ‘B’, who in consequences loses the rent which he would have received from ‘C’ and is obliged to make compensation to ‘C’ for the breach of his contract. ‘A’ must make compensation to ‘B’ for the cost of rebuilding the house.
iii) Vindictive or exemplary damages: They are awarded with a view to punish the wrong doer and not primarily with the idea of awarding compensation to the injured party. It should be sufficiently exemplary or vindictive not just financial loss actually suffered.
For example: The bank disobeyed the customer’s order to stop payment of a particular cheque and as a consequence, another cheque for £ 3 15s 18d was dishonoured as a result of inadequate funds. The court awarded £ 250 as damages to the plaintiff.
iv) Nominal damages: Nominal damages are awarded where the injured party has sustained damage of a short but not of substantial nature to be reckoned.
For example: ‘D’ contracted to purchase a Vespa Scooter from a dealer. But he failed to purchase the scooter. However, the demand for Vespa scooter far exceed the supply, and the scooter dealer could sell the scooter agreed to be purchased without loss of profit. The dealer is entitled only to nominal damages.
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