Breach of Contract: Laws, types and Remedies

• Contract:  The contract is a legal binding between two or more parties that outlines the rights, roles, obligations or more things. It covers a wide range of transactions such as - business deals, lease sales of goods and services, employment agreements and more. A contract must typically contain certain elements, such as an offer, acceptance, consideration, legality of purpose, and capacity of the parties.
• Breach of Contract: Breach of Contract, which means the violation of terms that the binding parties agreed on while signing the contract. Contracts are legally binding agreements, and when any of the parties fail to follow its terms and conditions, it is said to be a breach of contract.
• Law on Contract Breach:
  • The Sale of Goods Act, 1930: As per sections 55 and 56 of the Act, the seller can sue for the price(low or unpaid) of the good or ask for damages for the incompletion of the contract. Sections 57, 58, and 59 allow buyers to seek damages for late or non-delivery of goods, damages for breach of contract, and other specific performance as well.
  • The Indian Contract Act, 1872: Section 39 of the act allows one party to end the contract when another party refuses or is unable to complete the agreement as per the conditions of the contract. Sections 73, 74, and 75 define the consequences of breach of contract.

There are four types of breach of contract. These are as follows:

• Minor Breach:  In the contract, the roles and responsibilities of the involved parties are clearly mentioned. Unfortunately, one party fails to fulfil a minor or small insignificant part of their responsibilities said to be a Minor breach of contract. This breach is also known as a partial breach and immaterial breach. A breach of contract may inconvenience the non-breaching party, but it does not prevent them from fulfilling their own obligations. However, the non-breaching party have the right to file sue for damages caused by the breach.


• Material Breach:  The material breach of a contract is a serious and substantial failure by one party to fulfil a fundamental obligation. Unlike minor breaches, material breaches cause substantial harm to the other party, depriving them of the benefits they were expecting. An individual who breaches a contract may seek legal remedies, such as suing for damages or terminating the agreement when the contract is materially breached.


• Anticipatory Breach:  Anticipatory Breach occurs when either of the parties acknowledges its inefficiency in fulfilling the contract before the end of the agreed time frame. The party can do so by directly informing the other party or by showing significant gestures. This Breach has not taken place yet but is a high chance of happening soon.


• Actual Breach:  When one party fails to perform their obligations under a contract at the time specified, it is known as an actual breach. Actual breaches occur after the performance deadline has passed, unlike anticipatory breaches which occur before the performance is due.

• Rescission of Contract:  Rescission of the cancellation of the contract. It generally cancels the contract with the mutual agreement of both parties. After this, none of the parties will be bound to the terms of the contract as it simply sets them free from the contract. Contracts sometimes contain rescission provisions as well.


• Sues for Damage:  The party can sue the breacher for damages in court against the Breach of contract. The most common remedy in breach cases is a monetary award to the plaintiff.


• Injunction:  An injunction is a court ordering one party to stop a certain set of actions related to the contract. It may be temporary or permanent depending upon the circumstances of the case.


• Quantum Meruit:  Quantum Meruit involves cases where one party gets the benefit of the duty fulfilled by another party but now they are unable to perform their part of the contract or somehow stop another party from completing the contract. In those cases, the court may grant quantum merit to the party in which they get paid in proportion to the work done.

India's Domestic Violence Act, 2005 sets several penalties and punishment for domestic abuse, all aimed at protecting the victim and holding the abuser liable. A protection order may be issued to prevent further abuse, while a residence order ensures a victim's housing.

A violation of these orders can result in imprisonment for up to one year or a fine of up to 20,000, or both. Repeated offences can result in more severe penalties, emphasising the Act’s commitment to preventing domestic violence and safeguarding victims.

Complaint filing against domestic violence is essential for several reasons:

• Taking action against domestic violence helps to provide legal protection to victims through a legal measure that prevents further abuse.
• Filing a complaint often connects victims with essential support services, including shelters, counselling, and financial assistance, which are critical for recovery and safety.
• The documentation of violent incidents can be used in court, in custody disputes, and to get protection orders if it is officially recorded.
• By reporting domestic violence, you raise awareness about the issue, encourage other victims to report their experiences and contribute to broader societal efforts to prevent and address domestic violence.
• Taking legal action can empower victims, helping them break free of the cycle of abuse and regain control of their lives.