Court : Mumbai
Reported in : AIR1924Bom473; (1924)26BOMLR858
..... claim any loss or damage caused to them, which naturally arose in the usual course of things from such breach, or which ..... to be considered in deciding what is reasonable and proper compensation for the damage caused by a breach of contract under section 73 of the indian contract act; that the court is not bound in every case to award damages on the basis of a difference between the price at the date of the contract and the market price at the date of the breach; and that ..... a broach of their agreement, and under section 73 of the indian contract act, they would be liable to damages. what the measure of damages would be must depend entirely on a contract of this description on the facts of this case. in on ordinary contract for the purchase and sale of land in which the defendant contracts to make ont a marketable title, the usual result would ..... own benefit.15. the next question in the case relates to damages. as regards the measure of damages in a case of this kind, the test to be appled is not easy to lay down. no doubt section 73 of the indian contract act would apply to this contract, as it would apply to any other contract. under section 73 the plaintiff's would be entitled to .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1925Bom547; (1925)27BOMLR1168; 94Ind.Cas.575
..... loss at the date of the breach. if at that date the plaintiff could do something or did something which mitigated the damage, the defendant is entitled to the benefit of it.29. then dealing with sections 73 and 107 of the indian contract act, his lordship states as follows at p. ii:-the respondents further contend that sections 73 and 107 of the ..... not apply, and we are left with section 73. accordingly the plaintiffs may sue for damages under section 73, and prior to the re-sale they would also have had the alternative remedy of suing for the price, although the latter remedy is not mentioned in the indian contract act (see p. r. & co. v. bhagwandas (1909) i. l. r. 34 bom. 192 and ..... the assumption that if the auction sale was bad, the measure of damages would be the difference between the contract rate and the market rate at the date of breach, that assumption appears to me to be correct. on my above findings the plaintiffs cannot rely on section 107 of the indian contract act as the re-sale was unreasonably late, consequently, as in jamal ..... the difference between the auction and contract prices under clause 2 of the contract, or (b) alternatively for damages of the same amount or such other sum as the court may deem fit to award. as regards (a) i am of opinion that the sale by auction whether under clause 2 of the contract or section 107 of the indian contract act or otherwise must be within .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1925Bom97; (1924)26BOMLR1035; 85Ind.Cas.587
..... other major party would be quite different from the principles applicable to the case of a breach of marriage in england, although he held that all consequential damages, if proved under section 73 of the indian contract act to flow as the ordinary result from the breach, would be recoverable by the plaintiff. i do not agree with mr. justice kemp if he meant ..... to hold that no damages are ordinarily suffered by the wronged party on a breach of contract of marriage among mahomedans or other indian communities in their position. as i have ..... maintain a suit. the punjab chief court held that the suit was maintainable on the ground that contrary to the principle of english common law, 'consideration,' as defined in the indian contract act, need not proceed from the promisee, but may proceed from a third person, and that the consideration in the suit had proceeded partly from the promisee and partly from the ..... question that in india it would be considered to be for the benefit of the minor, the principle which i have just enunciated is stated in pollock and mulla's indian contract act at p. 75 under the heading of 'specific performance.' mr. judah for the defendant contended that the observations of the learned authors at that page refer only to immoveable property .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1924Bom325; (1924)26BOMLR155; 79Ind.Cas.1012
..... the appropriation of these bales by the defendants so as to bring the case under section 83 of the indian contract act. mr. binning eventually did not dispute this proposition and applied to amend the plaint so as to sue in the alternative for damages though for other reasons he did not formally withdraw his contention that the property in the goods had actually ..... clearly the seller has shown his intention to retain the disposal of the goods under his own control. see page 482 of the last edition of pollock and mulla's indian contract act, where a reference will be found to a passage from mr. benjamin's treatise of the sale of goody which now appears at page 420 of the sixth edition. i ..... soon as the goods have been placed on board, the property passes to the buyer because the goods have been appropriated to them. section 83 of the indian contract act is as follows:--where the goods are not ascertained at the time of making the agreement for sale but goods answering the description in the agreement are subsequently appropriated by ..... . we do not think that on this question there is any material difference between the english law of contract and the law as laid down in the indian contract act. whether the property in the goods has passed in the case of a c. i. f. contract depends entirely on the question whether the seller has parted with the control over the disposal of the .....Tag this Judgment!
Court : Chennai
Reported in : 2005(1)CTLJ420(Mad); (2004)4MLJ599
..... of the learned judge that the consignment was damaged only during transit and there is no valid reason for the defendants to reject the survey as requested by the clearing agent of the plaintiff.21. the learned counsel appearing for the appellants by taking us through section 230 of the indian contract act, 1872 ( in short 'the act') and various decisions would contend that in ..... that the first defendant cannot escape from its liability. 22. though the learned counsel appearing for the appellants very much pressed into service section 230 of the act and argued that the agent cannot personally be enforced nor be bound by contracts on behalf of principal, as rightly pointed out, the said provision is subject to sections 222 and 223 of the ..... , even on 30.03.1987, the first defendant was put on notice of the fact that the packages were in damaged condition. the learned counsel appearing for the appellant by drawing our attention to section 2(4) of the sale of goods act, 1930 would contend that inasmuch as the bill of lading is a document of title to the goods, in ..... act. on going through those statutory provisions and the materials placed, we are satisfied that both the principal and agent are equally responsible and liable to indemnify the loss .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1967SC378; 1SCR633
..... in making the component parts as the compensation to be awarded to the appellant. in other words, the arbitrator has ignored the provisions of s. 73 of the indian contract act and has awarded damages to the appellant on a wrong legal basis. the award of the arbitrator therefore is vitiated by an error of law apparent on the face of it. for ..... 73. when a contract has been broken, the party who suffers by such breach is entitled to receive, from ..... the party who has broken the contract, compensation for any loss or damage caused to him thereby, ..... for the breach of the contract. the claim of the appellant is stated by the arbitrator in the award -as follows : "the company claims the price of 2528 bins by way of damages for the wrongful cancellation of the contract." section 73 of the indian contract act provides for the measure of compensation for loss or damage caused by breach of the contract. section 73 states : " .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2006(5)ALD84(SC); 2006(2)ARBLR498(SC); (2007)1CALLT36(SC); (2007)3CompLJ213(SC); (2006)4MLJ456(SC); 2006(6)SCALE220; (2006)11SCC181; 2005(10)SCC353
..... case of mii that the time was of the essence of contract and, thus, in terms of section 55 of the indian contract act, damages were payable. even in terms of the main contract between bscl and ongc, time was not of the essence of the contract. the contract contained clauses for extension of time and liquidated damages which is also indicative of the fact that time was not ..... fact that the contention of the mii was that the time was of the essence of contract, the only remedy available to it in terms of section 55 of the indian contract act was to revoke the contract upon giving a notice therefore. in absence of such a notice, damages could not be claimed. reliance in this behalf has been placed on arosan enterprises ltd. v ..... bringing on record books of account and other relevant documents. sections 55 and 73 of the indian contract act do not lay down the mode and manner as to how and in what manner the computation of damages or compensation has to be made. there is nothing in indian law to show that any of the formulae adopted in other countries is prohibited in law ..... of the essence of the contract and, thus, damages for delay is permissible in law in .....Tag this Judgment!
Court : Kerala
Reported in : AIR1985Ker49
..... allows as damages, the loss of reasonable profits arising from a breach of contract. the rule that is applicable can be summarised as follows : --the defendant is liable only for 'natural ..... damage sustained by reason of the breach.' 12. so the question that has to be decided by this court is whether the 10% profit claimed by the plaintiff as a loss of gain prevented can fairly and reasonably be considered as a loss 'arising naturally', i.e. according to the usual course of things. we think section 73 of the indian contract act ..... at 354.) it is now well settled that section 73 of the contract act reflects in full the principles in hadley v. baxendale. section 73 reads thus :'compensation for loss or damage caused by breach of contract.- when a contract has been broken, the party who suffers by such breach is entitled ..... answer is, the assessment must have the character of fairly reasonable certainly.19. the plaintiff must prove his case. plaintiffs seeking damages for breach of contract are no exception. they have to bear the burden of proving the financial loss for which they seek recovery. here the courts ..... record. there being none we are constrained to set aside the judgment of the high court in regard to the assessment of damages for breach of contract.' the supreme court found that it was not justifiable for the high court to make a shot, abrogating the guess work made .....Tag this Judgment!
Court : Mumbai
Reported in : (1910)12BOMLR831
..... not have been necessarily the same as the market value at the time of the breach of the contract.3. but it is contended that interest is recoverable under section 73 of the indian contract act as damages for breach of the contract to pay rent. but where the contract is, as in the present case, to pay rent in kind on a certain day, and it ..... is not so paid, a suit to recover the money value of the rent in kind is a suit to recover unliquidated damages under section 73, and those ..... damages are measured by the market value of the goods deliverable under the contract on the day when they ought to have been but were not delivered. and to award interest in addition would be ..... to give interest not as but on unliquidated damages, ' but interest does not run upon unliquidated damages': framji hormasji v. commissioner of customs et al (1870) 7. a.c.j .....Tag this Judgment!
Court : Chennai
Reported in : (1996)2MLJ184
..... 73, indian contract act, has nowhere presented any difficult. the expression loss or damage used in the section covers not merely pecuniary loss ..... of the injured party.16. v.g. ramachandran - on 'the law of contract in india' - volume ii - (1971) in his commentaries on section 73 of the indian contract act, has said thus:breach of promise of marriage: there are three cases where damages recoverable for breach of contract have certain limitations. they arise in the case of(i) injured feelings and reputation ..... view of the statute law passed in 1970.15. law of damages and compensation - 5th edition (1985) volume iii - by c. kameshwara rao - deals with the topic 'damages under section 73, indian contract act.' at page 2316, the learned author has said thus:the question whether such damages, as well as damages for loss of reputation can be admitted under the language of section ..... but also very other kind of loss or damage which is suffered by a person as .....Tag this Judgment!