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mukesh gupta (advocate)     15 February 2012

Policy---compensaation------ica

The policy of law of contract is to provide as much amount of compensation to the aggrieved as it has suuffered loss, and not an extra penny. It is also well-settled that law of contract is not to penalise the defaulter i.e. if the aggrieved party has not suffered real loss, he should not be granted compensation, although a nominal amount may be granted in recognition of breach of his legal right.

it is well settled proposition in case of breach of contract for suuply of goods, that if the supplier breaches the contract, the buyer shall be granted compensation on the basis of maket price theory, inspite of the fact that, in fact, the buyer has not bought the goods from the market and hence suffered no loss. Whether not it amounts to putting penalty upon defaulter and to grant the buyer for what he has not suffered. Is not it in contradiction of  the very base of the contract act.



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     15 February 2012

As you rightly said - the purposes of damages in the cases of breach of contract is to put the party in a position he would have occupied had it not been for the breach - or in other words - if the contract would have been performed in all earnest. It neutralises the effect of the breach. Asking the person to pay up the difference in contract price/market price does not in any manner amount to penalising him.  The person is put in a position he would have been post-performance. Eg : A contracts to sell B a TV for 20k - on 1/1/2012 - he does not - B if desires to have a TV on 1/1/2012 - has to shell out 30k - which is the market price - what if he is not able to secure the extra 10 k to actually purchase it ? should it deprive him of damages because he did not actually purchase it ? Would not that be illogical. 


(Guest)

Dear Padam,

 

The loss does not merely constitutes the cost of goods, but also the overheads of the business concern and the presumptive profit that he could gain had the goods been delivered on time and much more on account of loss of goodwill before its loyal customers whom the concern was not able to provide such goods..


(Guest)

These are just a few of the factors that I mentioned above. If you check the cost accounting system, you may be able to know several other factors that constitute costs.


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