11th Standard Syllabus & Materials
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Published on: 05/11/2019
Discharge and Breach of a Contract
Download Tamil Nadu 11th Standard Commerce question papers, model tests, one-mark questions, important questions, and public exam papers in PDF format. Free study materials and answer keys for TN State Board students.
Questions + Answers key
Take MCQ Commerce Test1.
The compensation given for breach of contract is _____________
Damage
Remuneration
Money
Cheque
2.
3.
Any agreement which becomes impossible to perform under various circumstances ____________
Voidable
Void
Valid
None of these
4.
An Agreement to do an Act impossible in itself under Section.56 is ___________
Void
Valid
Voidable
Unenforceable
5.
On the valid performance of the contractual obligation by the parties, the contract __________
is discharged
becomes enforceable
becomes void
none of these
6.
Describe the types of damages.
7.
What are all the types of performance of contract?
8.
What do you mean by waiver?
9.
State the reasons for discharge by supervening impossibility?
10.
What is Quantum meruit?
11.
What are the types of impossibility of performance?
12.
What are the kinds of consent?
13.
What are the various rules regarding damages?
14.
Define discharge by performance.
15.
What are the reasons the court does not grant specific performance?
16.
Write about the various remedies for breach of contract.
17.
Explain the ways of discharge of contract?
1.
(a)
Damage
2.
(d)
3.
(b)
Void
4.
(a)
Void
5.
(a)
is discharged
6.
There are mainly four types of damages, such as
(i) Ordinary damages
(ii) Special damages
(iii) Vindictive or exemplary damages and
(iv) Nominal damages
7.
Performance of contract is under two types namely, Actual Performance and Attempted Performance.
8.
(i) Waiver means "abandoning" the rights. When a party to the contract abandons or waives his rights the contract is discharged.
(ii) For Example: A promises to paint a picture for B. B afterwards forbids him to do so. A is no longer bound to perform the promise.
9.
Supervening impossibility may be :
(i) By some event beyond the control of the parties; or
(ii) By some act either of the promisor or of the promisee.
10.
The meaning of the phrase quantum merit is 'as much as earned'.
11.
There are two types of impossibility of performance such as:
(i) Impossibility at the time of Agreement
(ii) Impossibility arising subsequent to the formation of contract.
12.
The consent may be of the following types:
(i) Express Consent
(ii) Implied Consent
13.
Damages are a monetary compensation awarded by the court to the injured party for the loss or injury suffered by him. As per contract. one party can claim damages if other party breach the contract. The main purpose of awarding the damages is to make good the loss suffered by him. It is known as doctrine of restitution. The Section 73 of the Indian Contract Act, 1872 deals with the compensation for loss or damages caused by a party for breach of contract.
14.
Performance implies carrying out the obligation of the contract. Performance must be completed according to the real intentions of the agreement. Performance must be done according to time and manner prescribed.
15.
The court does not grant specific performance in the following cases:
(i) Damages are an adequate remedy.
(ii) The contract is not certain.
(iii) The contract is inequitable to either party.
(iv) The contract is of revocable nature.
(v) The contract is made by the trustee in breach of trust.
(vi) The contract is of personal nature i.e., contract to marry.
(vii) The contract made by a company ultra-vires of its Memorandum of Association.
(viii) The court carmot supervise its carrying out.
16.
All parties to a contract are expected to perform their promises. When one party refuses to perform his promise, then the breach of contract takes place. The other party or parties are called aggrieved or injured party or parties. There are various types of remedies for the injured parties as follows:
1. Recission of contract
2. Claim for specific performance.
3. Claim for injunction.
4. Claim for quantum merit and
5. Claim for damages.
(1) Recission of contract:
(a) In case of breach of contract by one party, then the other parties may rescind the contract and thereby the party is absolved from his all obligations under the contract.
(b) For Example M promises N to supply a motor car on 1st January 2017, and N promises to pay for the Motor car on 1st January 2017. N is absolved from paying its price.
(2) Claim for the specific performance or suit for the specific performance:
In some specific cases if the damages are not the adequate remedy, then the court can direct the party in breach for the specific performance of the contract. In such case, the promise is carried out as per terms and conditions of the contract.Generally in the following cases, the court grants specific performance
1. When the act agreed to be done is such that compensation in money for its non-performance is not.sufficient.
2. When it is probable that compensation in money cannot be received for the non- performance of the act agreed to be done.
3. When there is no standard for ascertaining the actual damage caused by the non performance of the act agreed to be done.
On the other hand, the court does not grant specific performance in the following cases:
1. Damages are an adequate remedy
2. The contract is not certain
3. The contract is inequitable to either party
4. The contract is of revocable nature
5. The contract is made by the trustee in breach of trust
6. The contract is of personal nature i.e, contract to marry
7. The contract made by a company ultra-vires of its Memorandum of Association
8. The court cannot supervise its carrying out
(3) Claim for injunction or suit for an injunction:
Injunction is an order passed by a competent court restraining a person from doing some act. Injunction can be defined as a mode of securing the specific performance of the negative terms of the contract. Negative terms of the contract imply doing something, which a party has promised not to do. Injunction is an order which is granted by the court retraining the person to do what he had promised not to do.The court may order injunction in the following cases:
1. if the contract is voidable.
2. if the contract becomes void or
3. on discovering the contract as void.
(4) Claim for Quantum meruit:
The claim for quantum meruit may arise if a contract performed by one party has become discharged by breach of the other party. The meaning of the phrase quantum merit is 'as much as earned'. The claim is not for the original contract that has been discharged or void, but on an implied promise by the other party to pay for what he has done. Quantum merits arises in the following circumstances.
1. If a contract is found to be void.
2. If something is done without any intention to do so gratuitously.
3. If one party abandons or refuses to perform the contract.
4. If a contract is divisible.
5. If a contract is performed badly.
(5) Claim for damages:
Damages are monetary compensation awarded by the court to the injured party for the loss or injury suffered by him. As per the contract, one party can claim damages if the other parties breach the contract. The main purpose of awarding the damages is to make good the loss suffered by him. It is known as the doctrine of restitution. The Section 73 of the Indian Contract Act, 1872 deals with the compensation for loss or damages caused by a party for breach of contract.There are mainly four types of damages. Such as:
(i) Ordinary damages
(ii) Special damages
(iii) Vindictive or exemplary damages and
(iv) Nominal damages.
17.
Mode of Discharge of contract:
Different modes of discharge of contract have been provided under different sections of the Act.
1. Discharge by Performance:
Performance implies carrying out the obligation of the contract. Performance must be completed according to the real intentions of the agreement. Performance must be done according to time and manner prescribed. Performance of contract may be of two types namely:
1. Actual performance
2. Attempted performance
2. By Agreement on Consent:
Agreement between the parties comes to an end by mutually agreeing for it. Any contract is created by an agreement, hence in the same way, it can be discharged by an agreement. In this connection the rule of law is as follows. "Eodem modo qus and quide constituitor, eodem modo destruitur," the meaning of which is that a thing may be destroyed in the same manner, in which, it is constituted. The consent may be of the following types:
Express: Express consent may be given at the time of formation of the contract or subsequent to its formation.
Implied : The contracts are also discharged by implied consent, different modes of discharge by implied consent are mentioned below:
(a) Novation
(b) Alteration
(c) Recession
(d) Remission
(e) Accord and Satisfaction
(f) Waiver
(g) Merger.
3. By a possibility of Performance:
A Contract may be discharged if its performance becomes impossible. The rule of impossibility of performance is based on the following maxims
1. the law does not recognize what is impossible and
2. what is impossible does not create an obligation.
According to the Section 56 of the Act, all acts to do impossible acts are void. There are two types of impossibility of performance such as
1. Impossibility existing at the time of agreement
2. Impossibility arising subsequent to the formation of contract.
On the other hand, impossibility of performance existing at the time of performánce of a contract may be either.
1. known to the parties
2. not known to the parties.
Likewise impossibility arising subsequent to the formation of a contract or supervening impossibility may be
1. By some event beyond the control of the parties or
2. By some act either of the promisor or of the promisee.
4. By Lapse of Time:
1. According to the Limitation Act, 1963 a contract must be performed within a specified time.
2. If it is not performed within this specified time limit and against which if no action is taken by the promisee in the Court of Law within specified time, then the promisee is deprived of his remedy at law
3. In such cases, the contract is discharged.
5. By Operation of Law:
A contract can be discharged by the operation of law. The operation of law by which contract can be discharged are as follows
By death :
If the contracts depend on the personal skill or ability, then such contract may be discharged on the death of the promisor.
By merger:
Merger will take place when an inferior right accruing to the same party either under the same or another contract.
By insolvency:
An insolvent is discharged from all liabilities incurred prior to his adjudication.
Unauthorized alteration of the terms of a contract:
If one party makes any material alteration in the contract without the consent of the other party, then the other party can avoid the contract.
Rights and liabilities vesting in the same person:
Where the right and liability become vested in the same person, the other parties are discharged.
11th Standard Syllabus & Materials
11th Standard
Tamilnadu 11th Standard Tamil பீடு பெற நில் - செய்யுள் - காவடிச்சிந்து Important Questions And Answers Study Material - QB365 Set A
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NEW11th Standard
Tamilnadu 11th Standard Tamil பீடு பெற நில் - உரைநடை - மலை இடப்பெயர்கள் : ஓர் ஆய்வு Important Questions And Answers Study Material - QB365 Set A
NEW11th Standard
Tamilnadu 11th Standard Tamil மாமழை போற்றுதும் - செய்யுள் - ஐங்குறுநூறு Important Questions And Answers Study Material - QB365 Set B
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Physics

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Maths

Biology

Economics

Physics

Chemistry

History

Business Maths and Statistics

Computer Science

Accountancy

Computer Applications

History

Computer Technology

Commerce

Computer Applications

Computer Technology

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