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The notable legislative intent of the Contract Act (IX of 1872) promulgated in
Pakistan is to synchronize the performance and concerns of contracting parties.
The law of contract aspires to create balance among the contracting parties, so
that they may not be set to violate and infringe the rights of each other whilst
remaining in the sphere of their respective contractual obligations. However, in
the same spirit, the law of contract on the one hand, encourages the contracting
parties to perform their respective promises but on the other hand imposes
compensatory reliefs on the defaulters as a prevention and repose towards
aggrieved parties for assistance. Moreover, the law creates a legal trust among
the contracting parties by creating certainty, clarity in the subject matter as well
as lawful consideration along with legal bindings of contracting parties for
performance of their respective promises. The main focus of this article is to
explore all those factors, legal ways and means of the quantification of damages
and limitations by courts equivalent to full performance in case of breach of
contract to place the aggrieved party equivalent to such position as had the
contract been performed by critically analysis all the relevant sections of the
Contract Act, 1872. In addition, the research will also analyze all the limitations
to award of damages by courts in breach of contract. This area of Research has
been touched by the researchers in least, which is necessary to be tread to new
horizons and it will be helpful for all legal experts, Attorneys and law researchers
as an aiding toll to get adjudicate all matters of breach of contract in a befitting
manner.
Muhammad Ejaz Malik, Naveed Ahmed. (2018) Remedies For Breach Of Contract: An Appraisal Of The Contract Act, 1872 Of Pakistan, Journal of the Research Society of Pakistan, Volume 55, Issue 2.
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