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Vibhav   28 August 2024

Is "fundamental breach of contract" supported under indian contract act for non-insurance contracts?

The question is even more complex. 

There is a contract I have signed which has many provisions. The other party breached the essence of the contract but not any specific term. The breaches over a period of time together can be termed to constitute a breach that violates the essence or the object of that contract.

In order for me to sue, I need to bring the earlier breaches within the limitation period. I think that by pleading fundamental breach I can do that. I can also do that by pleading continuous breach but I prefer fundamental breach because compensation is much easier under that.

Can you provide any Supreme Court cases which deals with Fundamental Breach of Contract in the non-insurance context?

Please do not answer asking for specifics or asking me to contact a lawyer or some such answer.  Would truly appreciate an answer from someone knowledgeable in the area of law of contracts.

Thanks



Learning

 7 Replies

P. Venu (Advocate)     28 August 2024

The query is short of material facts. No suggestion could be given based on subjective opinions.

Vibhav   28 August 2024

Mr. P. Venu,  I have clearly stated "do not answer asking for specifics."  I guess you just want to earn points in answering. If you are knowledgeable in the subject matter, no further material facts are needed. This is not a run-of-the-mill question involving breach of express terms in the contract within the limitation period. 

Please do not answer asking for specifics or asking me to contact a lawyer or some such answer.

Read more at: https://www.lawyersclubindia.com/forum/is-fundamental-breach-of-contract-supported-under-indian-contract-act-for-non-insurance-contracts--235394.asp#reply
Please do not answer asking for specifics or asking me to contact a lawyer or some such answer.

Read more at: https://www.lawyersclubindia.com/forum/is-fundamental-breach-of-contract-supported-under-indian-contract-act-for-non-insurance-contracts--235394.asp#reply
Please do not answer asking for specifics or asking me to contact a lawyer or some such answer.

Read more at: https://www.lawyersclubindia.com/forum/is-fundamental-breach-of-contract-supported-under-indian-contract-act-for-non-insurance-contracts--235394.asp#reply
Please do not answer asking for specifics or asking me to contact a lawyer or some such answer.

Read more at: https://www.lawyersclubindia.com/forum/is-fundamental-breach-of-contract-supported-under-indian-contract-act-for-non-insurance-contracts--235394.asp#reply

T. Kalaiselvan, Advocate (Advocate)     28 August 2024

The Executive Engineer gives notice that failure to correct a particular defect is a fundamental breach of contract and the contractor fails to correct is termed to committed breach of contract which is fundamental in nature.

I will give you a reference of Surpeme court judgment in CIVIL APPEAL NO. 1968 OF 2012 pertaining to the appeal of 

BATLIBOI ENVIRONMENTAL ENGINEERS LIMITED VERSUS   HINDUSTAN PETROLEUM CORPORATION LIMITED AND ANOTHER .....             .....         APPELLANT RESPONDENTS 

Vs

HINDUSTAN PETROLEUM CORPORATION LIMITED AND ANOTHER .....             .....         APPELLANT RESPONDENTS 

rendered by 

Sanjeev Khana J and 

MM Sundaresh J

Dated 21 September 2023, it is a very big judgment, you may download the same and see if that would be useful to and may satisy your requirement

Vibhav   29 August 2024

Thank you. Unfortunately this Judgement does not deal with Fundamental Breaches though there is one passing mention to it but not as suggested by you. 

P. Venu (Advocate)     29 August 2024

Originally posted by : Vibhav
Thank you. Unfortunately this Judgement does not deal with Fundamental Breaches though there is one passing mention to it but not as suggested by you. 

Your profile https://www.lawyersclubindia.com/profile.asp?member_id=1057449 suggests that, eversince joining this platform,  you have been attempting to have some fun at the expense of this platform. It is seen that you have made many a posting, which in the absence of material facts,  are nothing but riddles. 

Moreover, you dictate how your riddles needs to be answered and you are bent upon insulting and casting aspersions upon anyone who does not abide by your diktat! 

Your activities are, I am afraid, amounts to nothing but an abuse. 

 

 

1 Like

T. Kalaiselvan, Advocate (Advocate)     30 August 2024

I respect the expressions made by expert advocate Mr. P Venu, the querist may have to observe some ettiquettes and proper language to make sure that it do not harm or dictate terms on the experts answering the questions here, failing which your questions may be fully avoided by good experts of this forum, you should understand that we devote our precious time to render our opinions at free of cost and it can be considered as a charity service too, hence nobody can claim any rights over any experts of this forum, left to your  decision.

1 Like

Vibhav   30 August 2024

I did not mean to offend anyone. I just feel that if an expert just comments without any meaningful and relevant help, it is waste of the comment. My queries are posted only after I do my own reading to the extent possible. I think that all my queries are self-explanatory and concise.

I specifically state not to answer if the query is not clear or need additional details or whatever. Therefore, an expert who does not agree, should not respond in the first place.

Anyhow, intent is not to offend anyone. Yes I appreciate the time spent by experts when they respond.


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