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ARTICLE · 06 SEPTEMBER 2019

Infra Newsletter | August 2019

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Damages as commonly understood, is compensation to a party to put it back in the same position in which it would have been, had the other party not committed a breach. But damages is not a means to unjust enrichment.

IndiaCorporate/Commercial Law
Ravi Varma
Ravi Varma
Abhishek Sharma
Abhishek Sharma
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CLAIM FOR LIQUIDATED DAMAGES UNDER THE INDIAN CONTRACT ACT, 1872

Damages as commonly understood, is compensation to a party to put it back in the same position in which it would have been, had the other party not committed a breach. But damages is not a means to unjust enrichment.

The law on damages is governed by Sections 73 and 74 of the Indian Contract Act, 1872 ("Contract Act"). Under section 73 of the Contract Act, when a contract is broken, the party who suffers such breach is entitled to receive from the defaulting party compensation for any loss or damage caused on account of such breach. However, such compensation shall be given only for the loss which arose naturally in the usual course of things, or those which could be contemplated by the parties to be likely to result because of the breach. Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach.

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