NOTES


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The Indian Contract Act, 1872 - Discharge of Contract Notes

Q1. Define anticipatory breach of contract. Also state its effect on the contracts.

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Q2. What are pre-determined damages? State the difference between liquidated damages and penalty.

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Q3. “Impossibility of performance, is, as a rule, not an excuse from performance.” Explain.

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Q4. Mr. Swamy of Kerla placed an order with Mr. Varma of Jaipur for supply of urid dual on 10.11.2006 at a contracted price of 40 per kg. The order was for the supply of 10 tonnes within a months' time viz., before 09.12.2006. On 04.12.2006 Mr. Varma wrote a letter to Mr. Swamy stating that the price of urid daal was sky rocketing to 50 Per. Kg. and he would not be able to supply as per original contract. The price of urid daal rose to 53 on 09.12.06 Advise Mr. Swamy citing the legal position.

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Q5. Aakash contracted with Bakul to supply him (Bakul) 500 tons of iron-steel @ 5,000 per ton, to be delivered at a specified time. Thereafter, Aakash contracts with Chirag for the purchase of 500 tons of iron-steel @ 4,800 per ton, and at the same time told 'Chirag that he did so far the purpose of performing his contract entered into with Bakul. Chirag failed to perform his contract in due course, consequently, Aakash could not procure any iron-steel and Bakul rescinded the contract. What would be the amount of damages which Aakash could claim from Chirag in the circumstances? Explain with reference to the provisions of the Indian Contract, 1872.

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