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ARTICLE · 19 FEBRUARY 2024

What To Do When Called Up To Pay Damages?

Corp Comm Legal
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It is very common for a party to claim a breach of the contract and consequent damages from the other.

IndiaCorporate/Commercial Law
Bhumesh Verma
Bhumesh Verma
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It is very common for a party to claim a breach of the contract and consequent damages from the other.

When a party is are called upon to pay damages for a violation of a contract, there are several safeguards it should keep in mind.

Here are some key considerations:

Review the contract

First things first. Verify the obligations, rights, and responsibilities of each party as defined in the contract. Examine the concerned terms and conditions of the contract particularly to ensure that the alleged violation has indeed occurred.

Analyse the alleged breach.

Determine the nature and extent of the breach. Is it a minor or a material breach? Has material breach been defined under the contract?

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