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Breach Of Contract And Specific Performance: The Law In India And England.

5960 words - 24 pages

List of Cases:- Abdul Haque v. Mohammed Yehia Khan AIR 1924 Pat 81- AC Kunjumohammad v. Govardhan Hathibai AIR 1956 Tr and Coch 93- Baijnath v. Kshetrahari Sarkar AIR 1955 Cal 210- Bank Line Ltd v A Capel & Co[1919] AC 435- Beswick v. Beswick [1968] AC 58, [1967] 2 All ER 1197- Bradley v. Newsom Sons & Co [1940]3 All ER 60- Chaplin v. Hicks [1911] 2 KB 786- Davidson v. Gwynne (1810) 12 East 381- Dharam Veer v. Union of India AIR 1989 Del 227- Evans Marshall & Co. Ltd. v. Bertola SA [1973] 1 All ER 992- Falcke v. Gray (1859) 4 Drew 651- Freeth v. Burr (1874) LR 9 CP 208- Frost v. Knight (1872) LR 7 Exch 111 at 114- Harnam Singh v. Purbi Devi AIR 2000 HP 108- Heyworth v. Hutchinson [1867] 2 QB 447- His Holiness Acharya Swami Ganesh Dassji v. Sita Ram Thapar AIR 1996 SC 2095- Hungerford Investment Trust Ltd v. Haridas Mundhra AIR 1972 SC 1826- Johnson v. Bland, 2 Burr. p. 108- Lamare v. Dixon (1873) LR 6 HL 423- Magnum Films v. Golcha Properties Pvt Ltd, AIR 1984 Del 162- Mayawanti v. Kaushalya Devi (1990) 3 SCC 1 at 6- Sanwarmal Goenka v. Soumyendra Chandra Guptu AIR 1981 Cal 37- Tandra Venkata Subrahmanayam v. Bhagwat Pandey AIR 1982 Pat 219- Willan v. Willan, 16 Ves. 83Introduction.Contract Law - its broadest aims.Contract Law in India all over the world has two primary functions. Even a lay person will be able to guess what these two functions are. Contract law is conceptualised, codified and enforced primarily for two reasons: Ensuring that contracts are formed legally and in keeping with the principles of justice, equity and good conscience; and specifying remedies for an injured party if the other performs a breach of the contract.The subject under discussion.The subject of this paper is extremely broad - it is supposed to deal with breach of contract and specific performance. Therefore, it has nothing to do with the legality of contracts and the general principles of contracts, but is intimately associated with infringements of the terms of a contract and the consequences and remedies thereof.Breach - an introductory discourse.Broadly speaking, the problem of discharge deals with the ways by which the parties, or one of them, can be freed from their obligations. One party may completely and perfectly perform what he has promised to do, and thus his obligations will obviously come to an end. However, important and difficult questions arise when there one party alleges something less than perfect performance. From the viewpoint of the performer, this is a problem is performance but to the other party this is a problem in breach, since usually, a less than perfect performance will be a breach.An unambiguous and precise definition of breach of contract is hard to provide. However, the following could be adopted as a working definition so far as the introductory chapter goes: A breach of contract is an actual failure by a party to perform his obligations under that contract, or an indication of his intention not to do so , either by...

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