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1 INTRODUCTION

2 SUIT FOR RESCISSION

3 SUIT FOR DAMAGES

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4 SUIT FOR INJUCTION

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5 SUIT FOR SPECIFIC PERFORMANCE

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6 SUIT FOR QUANTUM MERCUITS

7 CONCLUSION 7
INTRODUCTION

A breach of contract is also in a contract. Breach of Contract is the existence of

agreement where there is a failure to keep the promises or agreement or failure to live
up to his or her responsibilities of a contract. The whole contract or part of the contract
may be breached. There are three important remedies available in a contract which is
damages, specific performance and injunction. There are several remedies for breach of
contract, such as award of damages, specific performance, rescission, and restitution. In courts
of limited jurisdiction, the main remedy is an award of damages. Because specific performance
and rescission are equitable remedies that do not fall within the jurisdiction of the magistrate
courts, they are not covered in this tutorial.

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SUIT FOR RESCISSION

In contract law, the term rescission refers to the undoing , or unmaking of a contract
between parties .Rescission of a contract may be ordered by court as an equitable remedy in a
civil lawsuit , and is intended to bring the parties as close to the same position they were in
before they entered into the contract as possible. While there are number of reasons for which
a contract may be cancelled, not all contracts may be rescinded. To explore this contract,
consider the following rescission definition. Contract rescission requires that all parties give
back any benefits they have received while the contract was in force, and be returned to their
original states, as though the contract had never been in the first place. While some jurisdictions
use the words rescission and cancellation interchangeably, others use the term rescission to
refer to making something void, or for reversing a contract or a judicial decision. For example,
a higher court can rescind a judgement based on errors made by the court during a criminal
trial. Contract rescission can only be effected through equitable or legal. When effected through
equitable means, a judicial decree voids the contract and returns the parties immediately to the
state in which they were before they entered into the contract. The court does not award either
party damages. In this case, rescission prevents either party from taking any future action
regarding the contract. As a legal remedy, the rescinding party provides the other party with
notice of rescission or cancellation, and returns any monies or other benefits received from the
contract.

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SUIT FOR DAMAGES

Damages attempt to measure in financial terms the extent of harm a plaintiff has
suffered because of a defendants action. Damages are distinguished from costs, which are the
expenses incurred as a result of bringing a lawsuit and which the court may order the losing
party to pay. Damages also differ from the verdict, which is the final decision issued by a jury.
The purpose of damages is to restore an injured party to the position the party was in before
being harmed. As a result, damages are generally regarded as remedial rather than preventive
or punitive. However, Punitive Damages may be awarded for particular types of wrongful
conduct. Before an individual can recover damages, the injury suffered must be one recognized
by law as warranting redress, and must have actually been sustained by the individual. The saw
recognizes major categories of damages : compensatory damages , which are intended to
restore what a plaintiff has lost as a result of a damages , which consists of a small sum awarded
to a plaintiff who was suffered no substantial loss or injury but has nevertheless experienced
an invasion of rights and punitive damages .

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SUIT FOR INJUNCTION

A court order by which an individual is required to perform, or is restrained from

performing, a particular act A writ framed according to the circumstances of the individual
case. An injunction commands an act that the court regards as essential to justice, or it prohibits
an act that is deemed to be contrary to good conscience .It is an extra ordinary remedy, reserved
for special in which the temporise preservation of the status qua is necessary. An injunction is
properly from other proceedings. For example, a landlord might bring an action against a tenant
for waste, in which the right to protect the land lord interest in the ownership of the premises
is that issue. The landlord might apply to the court for an injunction against the tenant
continuing harmful use of the property. The injunction is an ancillary remedy in the action
against the tenant. Injunctive relief is not matter of right, but its denial is within the discretion
of the court. Whether or not an injunction will be granted varies with facts of each case. There
are three types of injunction which could be use which is first, interlocutory injunction.
Interlocutory injunction is used to maintain the status quo of the subject matter a pending
suit by a party. For example, Rathi has made a sale and purchase agreement of a car with
Nirosha. However, Nirosha has decided not to sell the car to Rathi but to a third party. Rathi
can eventually file an interlocutory injunction in order to maintain the status quo of the car
while pending the judgement of the court. Another type of injunction would be mandatory
injunction. Mandatory injunction is a court order which requires something to be done. This
means that the court would compel a person, company, or governmental unit take
affirmative to do something. For example, if Restaurant T has a website about the restaurant
but Restaurant K copies whatever is offer at Restaurant T to their website is in violation of
copyright notices. The court would issue an injunction to prevent the violation from
happening.

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SUIT FOR SPECIFIC PERFORMANCE

Specific performance is a remedy developed by principle of equity .A party to a contract

who is damages because the contract is breech by another party as the option to find a suit for
specific performance complaining to perform, part of contract. Before and equity court will
compare specific performance, however the contract must be one which can be specifically
perform it. Sec 16c of the act envisages that plaintiff must plead and prove that he had
performing or as always being ready willing to perform the terms of the contract which are to
be perform by him other than those term the performances of which as being prevented or by
the defend. In our country most of the specific performance suits relate to sales of property and
to some expand transfer of shares. As the law of specific performance is basically founded of
equity consideration such as conduct element of hardship that may because to one of the parties
the ability of adequate alternative and such other matters are take into consideration. Its a
discretionary relief. Specific performance is usually used to complete a previously
established transaction and it is also the most effective remedy in protecting the expectation
interest of the innocent party in the contract. The court will practice its act according to its
own judgement not to decree specific performance where damages provide an adequate
remedy. If the terms of the contract are uncertain, specific performance will be refused. The
court also has the discretion to refuse specific performance where the granting of specific
performance would cause undue hardship to the defendant. The court of equity developed
the remedy of specific performance since damages often cannot adequately compensate
someone for the inability to own a specific piece of real property, land being regarded as
unique. The remedy which is specific performance is often guaranteed through the remedy
of a right of possession which gives the plaintiff the right to take possession of the property
in dispute. The orders of specific performance are granted when damages are not a suitable
remedy. The availability of specific performance remedy will depend on whether it is
appropriate in the circumstances of the case. For example, when company A wants to build
another restaurant in another location has made an agreement with the franchisor but was
later been told that he will not grant the franchise because the franchisor would want to
build and operate the restaurant at another location. Company A could take action towards
the franchisor for breach of contract.

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SUIT FOR QUANTUM MERCUIT

The Latin term quantum mercuit, translates to as much as he has earned, and refers
to the actual value of services rendered. The legal theory of quantum mercuit holds that a
person should not be obliged to pay, nor should the other party receive, more than the value of
the services exchanged. This concept may be used as an equitable remedy in a civil lawsuit,
often where the transaction for goods or services was done without a written contract specifying
the amount due. To explore this concept, consider the following quantum mercuit definition.
For instance, mostprofessional roofers hired to repair a roof insist on having a formal agreem
ent with the owner of the house before beginningthe repairs. In the absence of an agreement
or formal contract, the roofer may be unable to recover losses in court if the transaction goes
awary. Quantum meruit is a judicial doctrine that allows a party to recover losses in the
absence of an agreement or binding contract.

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CONCLUSION

Breach of Contract which is cause by being unclear of the terms in the contract, leaving
undecided can result in an unsatisfied customer, lost opportunity to boost their business, and
get a lawsuit for breach of a contract. It is important to have a detailed and clear contract being
made so that the breach of contract could be prevented. The three main objectives of the
monograph, as identified in the Introduction. They were to assess the extent to which the
performance interest is protected in England, to explain the reasons why this level of protection
is provided, and to consider how English law might evolve to enhance the protection of the
performance interest in the future. The conclusion of the book is that the commitment in
English law to protecting performance is equivocal and that the divide between England and
France in this area is significant. The reasons behind the remedial solutions for breach of
contract in England and the differences between English and French law are multiple (a
complex array of historical, technical, cultural, and philosophical factors). The chapter also
discusses the remedial solutions explored in the book to reinforce the protection of the
performance interest. In order to avoid difficulty of classifying statements and the consequent
uncertainty in defining terms of the contract, a written contract may include an entire
agreement clause.