Kmc-Eci (Jv) vs The State Of Jharkhand Through The ... on 15 May, 2018
Equivalent
party to claim reasonable
compensation from the party who has broken the contract which
compensation can be pre-determined compensation stipulated at the time ... breach of contract where compensation is by agreement of the
RFA No.780/2017 Page 7 of 43
parties pre-determined, or where there
would be impossible for the court to assess compensation arising
from the breach. If the compensation contemplated is not by way
of penalty or unreasonable ... pre-determined
compensation amount not by way of penalty or unreasonable
compensation then that amount can be awarded as a genuine pre-
estimate
debt or liquidated damages:
(i) Whether a particular clause about pre-determined liquidated
damages represents genuine covenanted pre-estimate of damages ... party to claim reasonable compensation from the party who has
broken the contract which compensation can be pre-determined
compensation stipulated at the time
party to claim
reasonable compensation from the party who has broken the contract
which compensation can be pre-determined compensation stipulated ... liability upon breach of contract where compensation is by agreement
of the parties pre-determined, or where there is a stipulation by way of
penalty
party to claim
reasonable compensation from the party who has broken the contract
which compensation can be pre-determined compensation stipulated
at the time ... liability upon breach of contract where compensation is by agreement
of the parties pre-determined, or where there is a stipulation by way
of penalty
compensation whether or not actual loss is proved to
have been caused by such breach. Therefore, the emphasis is on
reasonable compensation. If the compensation ... pre-determined compensation amount not by way of penalty or
unreasonable compensation then that amount can be awarded as a
genuine pre -estimate
party to claim
reasonable compensation from the party who has broken the contract
which compensation can be pre-determined compensation stipulated at
the time ... liability upon breach of contract where compensation is by agreement
of the parties pre-determined, or where there is a stipulation by way of
penalty
party to claim
reasonable compensation from the party who has broken the contract
which compensation can be pre-determined compensation stipulated at
the time ... liability upon breach of contract where compensation is by agreement
of the parties pre-determined, or where there is a stipulation by way of
penalty
given case, it is for the
Court to determine as to whether it represents genuine pre-
estimate of damages. In that eventuality, this provision only ... damages, a party complaining of breach of contract can
recover only reasonable compensation for the injury sustained
by him and what is stipulated