1. BREACH OF CONTRACT
Where the promisor neither performs his contract
nor does he tender performance, or where the
performance is defective, there is breach of
contract.
Breach of contract can be of two types:
1.Actual
2.Anticipatory .
2. • Actual breach may take place either at the
time the performance is due, or when actually
performing the contract.
• Anticipatory breach is the breach before the
time for the performance. That is the act of
the promisor which makes the performance
impossible or by the promisor in some other
way showing his intension not to perform it.
3. Remedies for Breach
• Where a contract is broken, the injured party
has several courses of action open to him. The
appropriate remedy in any case will depend
upon the subject-matter of the contract and
the nature of breach.
• Remedies of for breach of contract:
In case of breach of contract, the injured party
may:
1.Rescind the contract and refuse further
performance of the contract;
4. • Sue for damages;
• Sue for specific performance;
• Sue for an injunction to restrain the breach
of a negative term;
• Sue on quantum meruit.
Injunction :
An injunction, is an order of a court
restraining a person from doing a particular
act. It ia a mode of securing the specific
performance of a negative term of the
contract, the court may in its discretion issue
an order to the defendant restraining him
5. From doing what he promised not to do.
Injunction may be prohibitory or mandatory.
In prohibitory it is the order of the court
restraining the commission of a wrongful act
whereas in mandatory, it restrains
continuance of wrongful commission.