Critique on “Damages” as a Remedy for Breach of Contract Under Indian, American, English and Chinese Law.

8878 WordsMar 11, 201136 Pages
Critique on “Damages” as a remedy for breach of contract under Indian, American, English and Chinese law. Project: Law of Contracts [pic] |Submitted to: |Submitted by: | |Prof (Dr.) Amar Singh | | |Principal Faculty, |Dheerak Kumar Aseri - B.Sc. LL.B (Hons.) | |Law of Contracts, | | |National Law University,…show more content…
It might be supposed that the purpose of remedies is to compel the promisors to keep their promises. But the system of contract remedies is not directed at compulsion of promisors to prevent breach , it is aimed instead as a relief to promisees to redress breach.[iii] The award of damages is the common form of relief for breach of contract. Virtually any breach gives the injured party a claim for damages for at least nominal damages.[iv] Further there are various kinds of damages that a Court may award depending on the facts of each and every case. This project aims at providing a comparative critique on damages as a remedy for breach of contract under Indian, American, English and Chinese law keeping in view the research problem and the objectives to be achieved. DAMAGES In USA the damages for breach of contract fall into three categories: a) Expectation is the prospect of gain from the contract. (Rest.2d §347) b) Reliance is the detriment the injured party may have incurred by changing his or her position. (Rest.2d §349) Purpose of reliance damages is to restore the victim of breach to the position he or she would have been in if the contract had not been made. (Rest.2d §344(b) .) c) Restitution is the interest in the benefits the injured party has conferred upon the breaching party. (Rest.2d §344 (c).) As a general rule, the objective of contract damages is to insure

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