damage caused by breach of contract.—
When a contract has been broken, the party who suffers by such breach is entitled to receive, from ... person had contracted to discharge it and had broken his contract. Explanation.—In estimating the loss or damage arising from a breach of contract
breach of contract where penalty stipulated for.-
When a contract has been broken, if a sum is named in the contract as the amount ... paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach
Dave submitted that
it is settled law that for the breach of contract provisions of Section 74
of the Contract Act would be applicable ... awarded only if the loss is suffered because of the breach of
contract. He submitted that this principle is laid down by the Privy
Council
when in consequence of the breach no
legal injury at all has resulted, because compensation for breach of
contract can be awarded to make good ... result from the breach."(At page 526, 527)
Section 74 declares the law as to liability upon breach of contract
where compensation
when in
consequence of the breach no legal injury at all has
resulted, because compensation for breach of contract can be
awarded to make good ... breach of
contract an amount received under the contract is sought to
be forfeited. In our judgment the expression "the contract
contains any other
Contract Act provides:
"When a contract has been broken, if a
sum is named in the contract as the amount to
be paid ... case of breach even if no actual damage is proved to have
been suffered in consequence of the breach of contract. But
the expression
plea of misrepresentation was abandoned by the
appellant and the breach off contract was admittedly
committed by the appellant,s. 64 of the Contract ... Division Bench, on appeal, that the appellants
conceded that they committed breach of contract and that the
defendants have been at all material times ready
sustained by reason of the breach. The
underlying principle enshrined in this section is that a mere breach of
contract by a defaulting party would ... when in
consequence of the breach no legal injury at all has resulted,
because compensation for breach of contract can be awarded to make
good
condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right ... treat the contract as repudiated. (3) A warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise
Section 492 in The Indian Penal Code, 1860
492. [Breach of contract to serve at distant place to which servant is conveyed at master ... expense.]Rep. by the Workmen's Breach of Contract (Repealing
