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Section 74 - Compensation for breach of contract where penalty stipulated for : Indian Contract Act 1872

 

What is Compensation for breach of contract where penalty stipulated for? Section 74 of Indian Contract Act 1872

Section 74 of Indian Contract Act 1872 : "Compensation for breach of contract where penalty stipulated for"

74. 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, whether 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 provisions of any law, or under the orders of the Central Government or of any State Government, gives any bond for the performance of any public duty or act in which the public are interested, he shall be liable, upon breach of the condition of any such instrument, to pay the whole sum mentioned therein.

Explanation.-A person who enters into a contract with Government does not necessarily thereby undertake any public duty, or promise to do an act in which the public are interested.

Illustrations
(a) A contracts with B to pay B Rs. 1,000, if he fails to pay B Rs. 500 on a given pay. A fails to pay B Rs. 500 on that day. B is entitled to recover from A such compensation, not exceeding Rs. 1,000, as the Court considers reasonable.

(b) A contracts with B that, if A practises as a surgeon within Calcutta, he will pay B Rs. 5,000. A practises as a surgeon in Calcutta. B is entitled to such compensation, not exceeding Rs. 5,000, as the Court considers reasonable.

(c) A gives a recognizance binding him in a penalty of Rs. 500 to appear in Court on a certain day. He forfeits his recognizance. He is liable to pay the whole penalty.

(d) A gives B a bond for the repayment of Rs. 1,000 with interest at 12 per cent at the end of six months, with a stipulation that, in case of default, interest shall be payable at the rate of 75 per cent from the date of default. This is a stipulation by way of penalty, and B is only entitled to recover from A such compensation as the Court considers reasonable.

(e) A, who owes money to B, a money-lender, undertakes to repay him by delivering to him 10 maunds of grain on a certain date, and stipulates 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.

(f) A undertakes to repay B a loan of Rs. 1,000 by five equal monthly instalments, with a stipulation that, in default of payment of any instalment, the whole shall become due. This stipulation is not by way of penalty, and the contract may be enforced according to its terms.
(g) A borrows Rs. 100 from B and gives him a bond for Rs. 200 payable by five yearly instalments of Rs. 40, with a stipulation that, in default of payment of any instalment, the whole shall become due. This is a stipulation by way of penalty.

 

INDIAN CONTRACT ACT 1872

Section 61 - Application of payment where neither party appropriates

Contracts which need not be performed

Section 62 - Effect of novation, rescission and alteration of contract

Section 63 - Promisee may dispense with or remit performance of promise

Section 64 - Consequences of rescission of voidable contract

Section 65 - Obligation of person who has received advantage under void agreement, or contract that becomes void

 

 

Section 66 - Mode of communicating or revoking rescission of voidable contract

Section 67 - Effect of neglect of promisee to afford promiser reasonable facilities for performance

CHAPTER V CERTAIN RELATIONS RESEMBLING THOSE CREATED BY CONTRACT

Section 68 - Claim for necessaries supplied to person incapable of contracting, or on his account

Section 69 - Reimbursement of person paying money due by another, in payment of which he is interested

Section 70 - Obligation of person enjoying benefit of non-gratuitous act

 

 

Section 71 - Responsibility of finder of goods

Section 72 - Liability of person to whom money is paid or thing delivered by mistake or under coercion

CHAPTER VI THE CONSEQUENCES OF BREACH OF CONTRACT

Section 73 - Compensation for loss or damage caused by breach of contract

Section 74 - Compensation for breach of contract where penalty stipulated for

Section 75 - Party rightfully rescinding contract entitled to compensation

 

 

CHAPTER VII SALE OF GOODS

Section 76-123 Sale of Goods omitted

CHAPTER VIII INDEMNITY AND GUARANTEE

Section 124 - Contract of indemnity defined

Section 125 - Rights of indemnity-holder when sued

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