Types of Damages & Remedies for Breach

You order 50 custom-printed T-shirts for a cricket tournament in Kharghar. The printer delivers them three days after the final. Can you recover the price of the shirts? The cost of the stall you booked to sell them? The prize money your team lost because the players turned up in plain white? And what if your contract said, “Rs. 50,000 if delivery is late”, when your actual loss was Rs. 5,000? The law lets you be compensated for a breach. It does not let you be enriched by it, and it does not make the other side pay for every consequence you can imagine. Drawing that line is the whole subject of damages.

In two minutes

Under s.73 the innocent party recovers compensation for loss that naturally arose from the breach or that both parties knew was likely to result, but not for remote and indirect loss; where the contract names a sum for breach, s.74 allows only reasonable compensation up to that sum; and the Specific Relief Act 1963 adds specific performance and injunction.

The rest of this chapter

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