Hindi medium contract act
धारा 70. आनुग्रहिक कार्य का लाभ लेने वाले व्यक्ति का बाध्यता---- जहां कोई व्यक्ति किसी अन्य व्यक्ति के लिए विधिपूर्वक कोई कार्य करता है या उसे कोई वस्तु प्रदान करता है, ऐसा आनुग्रहिक करने का आशय नहीं रखता है और ऐसा अन्य व्यक्ति उसका लाभ प्राप्त करता है, तो वह इस प्रकार किए गए या प्रदान की गई वस्तु के संबंध में पूर्व व्यक्ति को प्रतिकर देने या उसे वापस लौटाने के लिए बाध्य है।
आवश्यक शर्तें
निम्नलिखित शर्तें रखी गई थीं
पश्चिम बंगाल राज्य बनाम वी.के.मंडल एंड संस
1.कार्य एक व्यक्ति द्वारा दूसरे व्यक्ति के प्रति कानूनी रूप से किया जाता है
2.उसने यह काम बिना किसी लाभ के किया है
3.किसी अन्य व्यक्ति ने इस कार्य का लाभ उठाया है
.
Illustrations
एक व्यापारी गलती से ख के घर पर माल छोड़ देता है। ख उस माल को अपना मानता है। वह उसके लिए क को भुगतान करने के लिए बाध्य है।
बी ए ने बी की संपत्ति को आग से बचाया। यदि परिस्थितियां यह दर्शाती हैं कि बी का इरादा नि:स्वार्थ भाव से कार्य करने का था, तो बी से ए को क्षतिपूर्ति नहीं मिल सकती।
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धारा 71. माल खोजने वाले का उत्तरदायित्व - वह व्यक्ति जो किसी अन्य का माल पाता है और उसे अपनी अभिरक्षा में लेता है, वह उपनिहिती के समान उत्तरदायित्व के अधीन होता है।
सामान पाने वाले व्यक्ति की जिम्मेदारी
1.उसे उन वस्तुओं के वास्तविक मालिक का ध्यान रखना चाहिए
2.उसे उस सामान के असली मालिक का पता लगाने की कोशिश करनी चाहिए
3.यदि उसने उन वस्तुओं के मूल्य का 2/3 धन खर्च कर दिया है तो उसे वस्तुओं के वास्तविक मालिक की खोज करने की आवश्यकता नहीं है।
4. इस स्थिति में सामान बेचा जा सकता है, वह अपना खर्च बचा सकता है और शेष पैसा उसके मूल मालिक के पास सुरक्षित रख सकता है।
4.यदि कोई वस्तु शीघ्र नष्ट होने वाली हो तो उसे बेचा जा सकता है
धारा 72. उस व्यक्ति का दायित्व जिसे भूल से या जबरदस्ती से धन दिया गया हो या वस्तु दी गई हो ----
जिस व्यक्ति को गलती से या जबरदस्ती से पैसा दिया गया है या कोई वस्तु दी गई है, उसे उसे वापस करना होगा।
Illustrations
AA और B संयुक्त रूप से c के 100 रुपए के स्वामी हैं। A अकेले ही c को राशि का भुगतान करता है और B इस तथ्य को न जानते हुए, c को पुनः रुपए का भुगतान करता है। c, b को राशि वापस करने के लिए बाध्य है।
बी.ए. रेलवे कंपनी अवैध परिवहन शुल्क का भुगतान किए बिना प्राप्तकर्ता को कुछ माल सौंपने से इंकार कर देती है। प्राप्तकर्ता माल प्राप्त करने के लिए वसूल की गई राशि का भुगतान करता है। वह अवैध रूप से अत्यधिक शुल्क की राशि वसूलने का हकदार है।
भारतीय संविदा अधिनियम की धारा 73 से 75
अध्याय 6 ---संविदा भंग के परिणामो के विषय में
धारा 73---जब कोई अनुबंध तोड़ा गया हो
जो पक्ष ऐसे उल्लंघन से पीड़ित होता है, वह उस पक्ष से, जिसने अनुबंध तोड़ा है, उसे हुई किसी हानि या क्षति के लिए मुआवजा पाने का हकदार है।
Which naturally arose in usual course of thing from such breach or which the parties knew
When they made
the contract
To be likely to result from the breach of it
Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach
Compensation for failure to discharge obligation resembling those created by contract ------
When an obligation resembling those created by contract has been incurred and has not been discharged
Any person injured by the failure to discharge it
Is entitled to receive the same compensation from the party in default
As if such person had contracted to discharge it and had broken his contract.
1.Anticipatory breach ----any promisor can give up his promise before the date of contract performance.another party can file suit immediately without any delay .this principle had been laid down in
Hochester versus De La tour
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2.can anticipatory breach is possible of contingent contract ?
Frost versus knight
Respondent promised with plaintiff to marry after the death of father .he informed plaintiff that he will not marry during life of his father . plaintiff had filed a suit immediately.
Types of damages
Normal damages ----
Joseph versus George monjely
When any patient had died during operation due to doctor's carelessness
Special damages
Koufas versus czarnilkow ltd.
Both parties knew about the special damages when they were entering into contact .aggrevied party aprised of those circumstances previously that special damages can be happened
Important land mark case
Hadely versus vexsandal 1854
Facts of the case
Plaintiff are owner of some mills.one mill had been closed to break of a crank shaft .this shaft had been given to respondent .but respondent had delayed to give this shaft to plaintiff .in such situation plaintiff had to face huge loss .
Decision ---respondent is not responsible for such huge loss because this is a remote loss .he can get only reasonable loss only .this is a special conditions which should be mentioned clearly .he can get general damages .
Case of special damages---
Victoria laundry versus newman industries ltd.
Plaintiff is partner in colouring firm and he used to do work of colouring they wanted to increase their business , having used a powerful boiler .respondent promised to give this boiler on 5 june .they could not give this boiler till 8 November .in this condition the plaintiff had to face colossal loss .
Decision ---the court had decided to give special damages in this situation.
According supreme court
Panna lal janki das versus mohanlal
Which party beaches the contract he will have to pay all damages for direct loss.but he will not responsible for remote and indirect loss
Damages for direct loss not for indirect loss .
Hobas versus londan and south western railway company
A train had been moved in wrong direction . plaintiff and his wife had to deboard on wrong station .they had no place to stay .they had to walk in mid night .his wife had suffers from cold and fallen ill.
Juri had decided 8 pond as for inconveniences and 20 pond for illness.
But in appeal only 8 pond as compensation had been allowed as direct loss.
But this decision had been criticised in
Macmohan versus fields
Where horses had been fallen ill due to keen winter respondent had been responsible for compensation
This principle had been laid down that no compensation can be got for that loss which is remote and indirect
This is also mentioned in this case that this applicable on this breach of obligation which are resemble to the contract .
This section provides two principles . compensation can be got for such loss and
A.those loss are natural first is objective
B.the parties knows about that loss
Second is subjective
Examples
A.there is no contract had been signed
No conditions of contract had been mentioned in this correspondence . plaintiff did not state any type of loss in this case
Important points
Nalini sheela versus subhramanyam chetiyaar shungoogam
This is very essential under section 73
1.the pleadings of damages must mentioned in contract
2.that must be proved by evidences .
Illustrations
A.a contracts to sell and deliver 50 maunds of saltpetre to B at certain price to be paid on delivery
A breaks his promise .
B is entitled to receive from A by way of compensation the sum .
If any by which the contract price falls short of the price for which B might have obtained 50 maunds of saltpetre of like quality at the time when the salt petre ought to have been delivered .
B.A hires B 's ship to go to Bombay and there takes on board
On the first of January a cargo which A is to provide and to bring it to Calcutta .
The fright is to be paid when earned .
B's ship does not go to Bombay.but A has opportunities of procuring suitable conveyance for cargo upon terms as advantageous as those and which he had chartered the ship .A avails himself of those opportunities.but is put to trouble and expense is doing so .A is entitled to receive compensation from B in respect of such trouble and expense.
C.A contracts to buy at stated price 50 maunds of rice no time being fixed for delivery A afterwards Informs B that he will not accept the rice if tendered to him
B is entitled to receive from A .by way of compensation
D. A contracts to buy B's ship for 60,000/ rupees but breaks his promise .a must pay to b ,by way of compensation,the excess ,if any of contracts price ,over the price which B can obtain for the ship at the time of breach of promise .
E.a contract to let his ship to b for a year
From the first of January for a certain price
Freight rise and on the first January the hire obtainable for the ship is higher than contract price .
A breaks his promise .he must pay to B .by way of compensation .
A sum equal to the difference between contacts price and the price for which B could higher a similar ship for a year on and from the first of January.
F.A delivers to B ,a common carrier
a machine ,to be conveyed without delay to A 's mill
Informing B that his mill is stopped for want of machine .
B unreasonably delays the delivery of the machine and A in consequence
Loses a profitable contract with the government
A is entitled to receive from B by way of compensation the average amount of profit which would have been made by the working of the mill during the time that delivery of it was delayed
But not the loss sustained through the loss of the government contract
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Section 74 ---compensation for breach of contract where penalty stipulated for -----
When a contract has been broken ,if a sum is named in the contract as the amount to be paid in case of such breach
Or if the contract contains any other stipulation by way of penalty
The party complaining of the breach is entitled
Wheather or not actual damage or loss is proved to have been caused thereby to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or as the case may be the penalty stipulated for .
Explanation ----a stipulation for increased interest from the date of default
May be a stipulation by way of penalty
Exception ----when any person enters into any bail bond,recognizance or other instrument of the same nature
Or
Under the provision of any law or under the orders of the central Government or of any state government
Gives any bond for performance of any public duty or act in which public are intersted.he shall be liable
Upon breach of the condition of any such instrument
To pay the condition of any such instrument to pay the whole sum mentioned there in
The amount can be divided into two parts
1.liquidated damages
2.penalty
Landmark decision
Dunlop newmatic tyre company limited versus new garage and motar company limited
Facts---the company of tyres had given tyre to a trader with this condition that he will not sell the tyres less than indicated price .otherwise he will have to pay 5 pond as penalty on each breach of contract .
House of lord had decided that this was damages not penalty
2.ford motar company versus Armstrong
This is a good example of penalty
.facts----the trader was retailer in this case .he had purchased some cats and parts of car that he will not sell these things less than indexed price .otherwise he will be given 250 pond as compensation at each breach
Court had assumed it as penalty
Supreme court had decided in following case if compensation limit had been fixed in contract .then plaintiff had not got compensation by common method .
तथ्य---प्रबंधक की शर्त थी कि यदि उन्हें बर्खास्त किया जाता तो उन्हें 6000/- या शुद्ध आय का 10% मिलता जो अधिक है। उन्हें समय से पहले बर्खास्त कर दिया गया था। उन्होंने शुद्ध आय के 10% के अनुसार मुआवजे की मांग की थी। उन्हें 6000/- मुआवजा मिलना चाहिए था क्योंकि वे इस धारा के अनुसार बाध्य थे।
रेखांकन
क ने ख के साथ एक अनुबंध किया है कि यदि वह किसी दिन ख को 500 रुपये का भुगतान करने में विफल रहता है तो उसे 1000 रुपये का भुगतान करना है। क उस दिन ख को 500 रुपये का भुगतान करने में विफल रहता है, तो ख, क से 1000 रुपये से अनधिक ऐसी क्षतिपूर्ति वसूलने का हकदार है जिसे न्यायालय उचित समझे।
बी के साथ एक अनुबंध है कि यदि ए कलकत्ता में सर्जन के रूप में अभ्यास करता है तो वह बी को 5000 रुपये का भुगतान करेगा। यदि ए कलकत्ता में सर्जन के रूप में अभ्यास करता है तो बी ऐसे मुआवजे का हकदार है जो 5000 रुपये से अधिक नहीं होगा, जैसा कि अदालत उचित समझे।
सीए ने उसे 500 रुपये के जुर्माने के साथ एक पहचान पत्र जारी किया है, जिसमें उसे कुछ दिनों में अदालत में उपस्थित होने के लिए बाध्य किया गया है। वह अपनी पहचान खो देता है। वह संपूर्ण जुर्माना भरने के लिए उत्तरदायी है।
डी.ए. बी को छह महीने के अंत में 12 प्रतिशत ब्याज के साथ 1000 रुपये की अदायगी के लिए एक बांड देता है, इस शर्त के साथ कि, चूक के मामले में, चूक की तारीख से 75 प्रतिशत की दर से ब्याज देय होगा। यह दंड के रूप में शर्त है और बी केवल ए से ऐसा मुआवजा वसूलने का हकदार है जिसे अदालत उचित समझे।
ईए बी के 1000 रुपये के ऋण को पांच बराबर किस्तों में चुकाने का वचन देता है, इस शर्त के साथ कि किसी भी किस्त के भुगतान में चूक होने पर पूरी राशि देय हो जाएगी। यह शर्त दंड के रूप में नहीं है और अनुबंध और अनुबंध को इसकी शर्तों के अनुसार लागू किया जा सकता है।
एफ.ए. जिस पर बी का पैसा बकाया है, एक साहूकार उसे निश्चित तिथि पर 10 मन अनाज देकर उसे चुकाने का वचन देता है और
शर्त यह है कि यदि वह समय पर डिलीवरी नहीं करता है तो
निर्धारित तिथि तक निर्धारित राशि
उसे 20 मन का जुर्माना देना होगा।
यह दंड के रूप में एक शर्त है और बी केवल उल्लंघन के मामले में उचित मुआवजे का हकदार है
जी.ए. ने बी. से 100 रुपये उधार लिए
और उसे 200 रुपये का बांड देता है जो 500 रुपये की पांच वार्षिक किस्तों में देय है, इस शर्त के साथ कि किसी भी साधन के भुगतान में चूक होने पर
संपूर्ण राशि देय होगी। यह दंड के रूप में एक शर्त है
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धारा 75 -----पक्षकार का अधिकार, अनुबंध को पूर्णतः निरस्त करने पर प्रतिकर पाने का हकदार
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जो व्यक्ति किसी अनुबंध को सही तरीके से रद्द करता है, वह उस क्षति के लिए मुआवजे का हकदार है जो उसे अनुबंध की पूर्ति न होने के कारण हुई है।
चित्रण
एक गायिका थिएटर के प्रबंधक बी के साथ अगले दो महीनों के दौरान हर सप्ताह दो रातों के लिए अपने थिएटर में गाने का अनुबंध करती है और बी उसे प्रत्येक रात के प्रदर्शन के लिए 100 रुपये देने का वचन देता है। छठी तारीख को ए जानबूझकर थिएटर से अनुपस्थित रहती है और परिणामस्वरूप बी अनुबंध को रद्द कर देता है। बी उस क्षति के लिए मुआवजे का दावा करने का हकदार है जो उसे अनुबंध की गैर-पूर्ति के कारण हुई है।
Section 70.obligation of person enjoying benefit of non gratuitous act ----where a person lawfully does anything for another person or delivers anything to him ,not intending to do so gratuitously and such other person enjoys the benefit there of the latter is bound to make compensation to former in respect of or to restore the things so done or delivered
Essential conditions
Following conditions had been held in
State of West Bengal versus v.k.mandal and sons
1.act is done legally by one person to another person
2.he has done this work non gratuitously
3.other person has taken advantage of this work
.
Illustrations
A.a trademan leaves goods at b house by mistake .b treats the goods as his own .he is bound to pay A for him .
B A saves B property from fire .a is not entitled to compensation from B if the circumstances show that he intended to act gratuitously
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Section 71 . Responsibility of finder of goods ----at person who finds goods belonging to another and takes them into his custody is subject to the same responsibilty as a bailee .
Responsibility of that person who found goods
1.he must look after real owner of those goods
2.he must try to find real owner of that goods
3.if he has spent 2/3 money of the value of those goods .he need not to search the real owner of goods
4.in this situation the things can be sold he can retain his expenditure and keep safe remaining money to its orginal owner .
4.if thing is perishable that it can be sold
Section 72 . liability of person to whom money is paid or thing delivered by mistake or under coercion ----
At person to whom money has been paid or anything delivered by mistake or under coercion must repay or return it .
Illustrations
A.A and B jointly own 100 rupees to c .A alone pays the amount to c and B not knowing this fact ,pays rupees over again to c .c is bound to repay the amount to b .
B.A railway company refuses to deliver up certain goods to the consignee except upon the payment of an illegal charges for carriage .the consignee pays the sum charged in order to obtain the goods .he entitled to recover so much of the charge as was illegally excessive .
Section 73 to 75 indian contract act
Chapter 6 ----the consequences of breach of contract
Section 73---When a contract has been broken
The party who suffers by such breach is entitled to receive from the party who has broken the contract compensation for a isny loss or damaged caused to him thereby
Which naturally arose in usual course of thing from such breach or which the parties knew
When they made
the contract
To be likely to result from the breach of it
Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach
Compensation for failure to discharge obligation resembling those created by contract ------
When an obligation resembling those created by contract has been incurred and has not been discharged
Any person injured by the failure to discharge it
Is entitled to receive the same compensation from the party in default
As if such person had contracted to discharge it and had broken his contract.
1.Anticipatory breach ----any promisor can give up his promise before the date of contract performance.another party can file suit immediately without any delay .this principle had been laid down in
Hochester versus De La tour
*********************
2.can anticipatory breach is possible of contingent contract ?
Frost versus knight
Respondent promised with plaintiff to marry after the death of father .he informed plaintiff that he will not marry during life of his father . plaintiff had filed a suit immediately.
Types of damages
Normal damages ----
Joseph versus George monjely
When any patient had died during operation due to doctor's carelessness
Special damages
Koufas versus czarnilkow ltd.
Both parties knew about the special damages when they were entering into contact .aggrevied party aprised of those circumstances previously that special damages can be happened
Important land mark case
Hadely versus vexsandal 1854
Facts of the case
Plaintiff are owner of some mills.one mill had been closed to break of a crank shaft .this shaft had been given to respondent .but respondent had delayed to give this shaft to plaintiff .in such situation plaintiff had to face huge loss .
Decision ---respondent is not responsible for such huge loss because this is a remote loss .he can get only reasonable loss only .this is a special conditions which should be mentioned clearly .he can get general damages .
Case of special damages---
Victoria laundry versus newman industries ltd.
Plaintiff is partner in colouring firm and he used to do work of colouring they wanted to increase their business , having used a powerful boiler .respondent promised to give this boiler on 5 june .they could not give this boiler till 8 November .in this condition the plaintiff had to face colossal loss .
Decision ---the court had decided to give special damages in this situation.
According supreme court
Panna lal janki das versus mohanlal
Which party beaches the contract he will have to pay all damages for direct loss.but he will not responsible for remote and indirect loss
Damages for direct loss not for indirect loss .
Hobas versus londan and south western railway company
A train had been moved in wrong direction . plaintiff and his wife had to deboard on wrong station .they had no place to stay .they had to walk in mid night .his wife had suffers from cold and fallen ill.
Juri had decided 8 pond as for inconveniences and 20 pond for illness.
But in appeal only 8 pond as compensation had been allowed as direct loss.
But this decision had been criticised in
Macmohan versus fields
Where horses had been fallen ill due to keen winter respondent had been responsible for compensation
This principle had been laid down that no compensation can be got for that loss which is remote and indirect
This is also mentioned in this case that this applicable on this breach of obligation which are resemble to the contract .
This section provides two principles . compensation can be got for such loss and
A.those loss are natural first is objective
B.the parties knows about that loss
Second is subjective
Examples
A.there is no contract had been signed
No conditions of contract had been mentioned in this correspondence . plaintiff did not state any type of loss in this case
Important points
Nalini sheela versus subhramanyam chetiyaar shungoogam
This is very essential under section 73
1.the pleadings of damages must mentioned in contract
2.that must be proved by evidences .
Illustrations
A.a contracts to sell and deliver 50 maunds of saltpetre to B at certain price to be paid on delivery
A breaks his promise .
B is entitled to receive from A by way of compensation the sum .
If any by which the contract price falls short of the price for which B might have obtained 50 maunds of saltpetre of like quality at the time when the salt petre ought to have been delivered .
B.A hires B 's ship to go to Bombay and there takes on board
On the first of January a cargo which A is to provide and to bring it to Calcutta .
The fright is to be paid when earned .
B's ship does not go to Bombay.but A has opportunities of procuring suitable conveyance for cargo upon terms as advantageous as those and which he had chartered the ship .A avails himself of those opportunities.but is put to trouble and expense is doing so .A is entitled to receive compensation from B in respect of such trouble and expense.
C.A contracts to buy at stated price 50 maunds of rice no time being fixed for delivery A afterwards Informs B that he will not accept the rice if tendered to him
B is entitled to receive from A .by way of compensation
D. A contracts to buy B's ship for 60,000/ rupees but breaks his promise .a must pay to b ,by way of compensation,the excess ,if any of contracts price ,over the price which B can obtain for the ship at the time of breach of promise .
E.a contract to let his ship to b for a year
From the first of January for a certain price
Freight rise and on the first January the hire obtainable for the ship is higher than contract price .
A breaks his promise .he must pay to B .by way of compensation .
A sum equal to the difference between contacts price and the price for which B could higher a similar ship for a year on and from the first of January.
F.A delivers to B ,a common carrier
a machine ,to be conveyed without delay to A 's mill
Informing B that his mill is stopped for want of machine .
B unreasonably delays the delivery of the machine and A in consequence
Loses a profitable contract with the government
A is entitled to receive from B by way of compensation the average amount of profit which would have been made by the working of the mill during the time that delivery of it was delayed
But not the loss sustained through the loss of the government contract
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Section 74 ---compensation for breach of contract where penalty stipulated for -----
When a contract has been broken ,if a sum is named in the contract as the amount to be paid in case of such breach
Or if the contract contains any other stipulation by way of penalty
The party complaining of the breach is entitled
Wheather or not actual damage or loss is proved to have been caused thereby to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or as the case may be the penalty stipulated for .
Explanation ----a stipulation for increased interest from the date of default
May be a stipulation by way of penalty
Exception ----when any person enters into any bail bond,recognizance or other instrument of the same nature
Or
Under the provision of any law or under the orders of the central Government or of any state government
Gives any bond for performance of any public duty or act in which public are intersted.he shall be liable
Upon breach of the condition of any such instrument
To pay the condition of any such instrument to pay the whole sum mentioned there in
The amount can be divided into two parts
1.liquidated damages
2.penalty
Landmark decision
Dunlop newmatic tyre company limited versus new garage and motar company limited
Facts---the company of tyres had given tyre to a trader with this condition that he will not sell the tyres less than indicated price .otherwise he will have to pay 5 pond as penalty on each breach of contract .
House of lord had decided that this was damages not penalty
2.ford motar company versus Armstrong
This is a good example of penalty
.facts----the trader was retailer in this case .he had purchased some cats and parts of car that he will not sell these things less than indexed price .otherwise he will be given 250 pond as compensation at each breach
Court had assumed it as penalty
Supreme court had decided in following case if compensation limit had been fixed in contract .then plaintiff had not got compensation by common method .
Facts ---there was condition in manager that they had been dismissed ,they would have been got 6000/ or 10 % of net income which is greater .the had been dismissed before time .they had demanded compensation according 10% of net income.they were bound to get compensation 6000/. because they were bound according this clause
Illustrations
A.a contract with b to pay rs .1000 if he fails to pay b rs 500 on a given day .a fails to pay b rs 500 on that day b is entitled to recover from a such compensation not exceeding rs 1000 as court considers reasonable
B .A contract with b that if A practices as surgeon within calcutta he will pay b rs 5000/ a practices as a surgeon in Calcutta .b is entitled to such compensation.not exceeding Rs 5000/ as the court considers reasonable
C.A gives a recognizance binding him in a penalty of rs 500 to appear in court on certain days.he forfeits his recognizance .he is liable to pay the whole penalty
D.A gives B a bond for the repayment of Rs 1000/ with interest at 12 percent at the end of six months with a stipulation that ,in case of default ,interst shall be payable at rate of 75 percent from the date of default .this is stipulation by way of penalty and B is only entitled to recover from A such compensation as courts considers reasonable
E.A undertakes to repay B loan of Rs 1000 by five equal installments with a stipulation that in default of payment of any instalment the whole shall become due .the stipulation is not by way of penalty and the contract and the contract may be enforced according to its terms
F.A who owes money to B ,a money lender undertakes to repay him by delivering to him 10 maunds of grain on certain date and
Stipulated that in the event of his not delivering
The stipulated amount by the stipulated date
He shall be liable to deliver 20 maunds .
This is a stipulation by way of penalty and B is only entitled to reasonable compensation in case of breach
G.A borrows rs .100 from B
And gives him a bond for rs.200 payable by five yearly instalment of Rs. With stipulation that in default of payment of any instrument
The whole shall become due .this is a stipulation by way of penalty
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Section 75 -----party right ,fully rescinding contract entitled to compensation
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A person who rightfully resescinds a contract is entitled to compensation for any damage which he has sustained through the non fulfilment of the contract
Illustration
A.a singer contracts with B the manager of theatre to sing at his theatre for two nights in every week during the next two months and B engages to pay her 100 rupees for such each night's performance.on the sixth A wilfully absence herself from theatre and B in consequence rescinds the contracts .B is entitled to claim compensation for damage which he has sustained through the non fulfilment of the contract .
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