Ordinary Damages

Introduction Damages that emerge within the conventional course of occasions from the breach of contract are called conventional harms. Harms emerging out of common and plausible results of breach of contract are too considered a standard harm. Common damages are such damages, which the law presumes from the breach of the contract. By and large…

Creation of Agency

Agency is a common form of contract in modern times. It revolves around a relationship between two people, one of which is authorised to act on behalf of the other with a third person. When agency is formed, the principal gets bound to be held responsible for the acts of the agent toward the third…

Definition of Agency

Lord Herschell in Kennedy v. De Trafford commented that agent has been the “more commonly and constantly abused” word. In this article we will try to understand the concept of agency and agent given in the Indian Contract Act along with relevant case laws. Justice Desai of Supreme Court: The relation of agency arises whenever…

CASE FOR PUNITIVE DAMAGES IN CONTRACTS

ABSTRACT The maturity of American authorities don’t allow corrective damages for breach of contract unless the breach constitutes an independent tort. Decreasingly, courts and observers have reckoned on the proposition of” effective breach” to explain the rule against corrective damages in contracts. In this Composition, Professor Dodge argues that profitable effectiveness supports a different rule-…

Nominal Damages

Introduction Nominal damages are a frame of legitimate remuneration that are granted by the court when the offended party has the lawful right to get them but was not able to demonstrate a considerable loss. In other words, the offended party was able to demonstrate that the litigant committed a blame or an off-base but…

Agency by Estoppel

In agency contract, the person acting as agent must be permitted to act on behalf of the principal. But where the agent is not authorized to represent the principal, still enters into contract with a third party and the principal is well aware about it, yet the third party believes him to be the agent…