International Journal of Research in Social Sciences
Year : 2016, Volume : 6, Issue : 5
First page : ( 406) Last page : ( 418)
Online ISSN : 2249-2496.

Analysis of Damages for Breach of Contracts in India

Dr. Saini Saroj

Assistant Professor, Department of Laws, Punjab University, Chandigarh

Online published on 28 July, 2016.

Abstract

A contract is considered to be a correlative set of rights and obligations for the parties would be of no value, if there were no remedies to enforce the rights arising there under. The Latin maxim ‘Ubi jus, ibi remedium' denotes where there is a right, there is a remedy. If theoretically seen, one finds that there is a distinction between a right and a remedy in law.1 A right (in the sense of a cause of action) is considered to be a precondition to a remedy. This is the reason, it has been said that there is a remedy for every right. Moreover it can be said that the remedies are viewed as the “ends” and procedure, the “means”, for achieving those ends.2 When a breach of contract takes place, instantly the remedy that comes into the mind of the parties is ‘damages' as the consequence of breach. The aggrieved party may seek compensation from the party who breaches the contract. All law courts are also guided with the same principle of Ubi Jus Ibi Remedium. This article is aimed at making an analysis of “Damages for Breach of Contracts in India”.

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Keywords

Contract, Rights, Obligations, Breach, Damages.

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