When any party to a contract, whether oral or written, fails to perform any of the contract’s terms, they may be found in breach of contract. While there are many ways to breach a contract, common failures include failure to deliver goods or services, failure to fully complete the job, failure to ...
When any party to a contract, whether oral or written, fails to perform any of the contract’s terms, they may be found in breach of contract. While there are many ways to breach a contract, common failures include failure to deliver goods or services, failure to fully complete the job, failure to pay on time, or providing inferior goods or services. In other words, a breach of contract is a broken promise to do or provide something. To explore this concept, consider the following breach of contract definition.
Definition of Breach of Contract
1. An unjustifiable failure to perform terms of a contract.
2. A violation of contract through failure to perform, or through interference with the performance of the contractual obligations
Among the most common causes for lawsuits in the U.S., breach of contract occurs in many ways. The law offers a variety of remedies for each such breach, designed to make the injured party whole. Court-ordered remedies for breach of contract cases are not meant to punish the breaching party, but to return the injured party to the position he would be in if the breach had not occurred.
Size: 108.31 KB
Language: en
Added: Apr 23, 2020
Slides: 1 pages
Slide Content
Proforma Of Notice Of Breach Of Contract Notice
By Regd. Post/Speed Post (A/D)
16 March 2018
Mr. XYZ
Law College Road ,
Pune.
Sub: Legal Notice u/s 73 of the Indian Contract Act 1872
Dear Sir,
We are concerned for our client PQR Limited which has instructed us to notify you as under:
1. Our Client is engaged, inter alia, in the business of manufacturing process control,
Automation and Instrumentation products.
2. That on 26 November 2010, you submitted your resignation letter to the HR Department of
our client stating health problems as ground for your resignation
3. Thereafter, the HR Department duly rejected your resignation letter dated 26 November
2010 as there existed a bond agreement with the company on July 1, 2009 whereby you had
agreed to serve our client for a period of not less than 18 months.
4. Thereafter you, vide your e-mail/letter dated 18 January 2011 informed our client about
your discontinuance in service with immediate effect which as a result has hampered our
client’s project and also caused them financial loss.
5. According to your appointment letter you shall be liable to give 90 working days’ notice in
writing to our client which you also failed to do. This is a clear violation of terms of the
appointment letter you had signed and consented to at the time of your appointment.
6. The Bond agreement also contains a clause whereby if our client is constrained from
exercising his right due to any default on your part, our client shall be entitled to recover
amount so demanded as a liquidated debt from you.
7. Our Client vide email dated 26 February 2011 informed you that your resignation dated 18
January 2011 was not acceptable to them. Despite several remainders over breach of contract
on your part, you have failed to abide by consent terms of your appointment letter.
8. In the same email, our client has also communicated your liability to pay a sum of Rs 1,
19,340/- (One Lakh Nineteen Thousand Three Hundred and Forty Rupees Only/-) within 7
days of the date of email for the balance of mandatory notice you have failed to serve.
9. However since you have failed and neglected to pay the amount due within 7 days of our
client’s correspondence, our client has been forced to initiate legal recourse.
You are, hereby called upon to pay sum of Rs 1, 19,340/- only, in addition to Rs. ________
as compensation for breach of contract and inconvenience caused to our client within a
period of three weeks from the date of receipt hereof, failing which our Client without
prejudice to the rights and remedies otherwise available to it, shall be constrained to initiate
appropriate proceedings.
For _______
(Name of the Law Firm, LLP in the Space given Above)
ABCD
(Advocate)