Contract Law

Contract Penalties vs Fair Damages โš–๏ธ


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๐Ÿ›๏ธ The Million Dollar Contract Question

๐ŸŒŸ Imagine you're BuildRight Inc., a construction company. You know delays will cost money, but how much? This is where liquidated damages come in - but here's the twist: sometimes courts throw them out completely!

๐Ÿ’ก What You'll Discover:

  • ๐Ÿ” Why Section 74 of the Indian Contract Act 1872 protects parties from unfair penalties
  • โš–๏ธ The crucial difference between genuine damage estimates and disguised punishments
  • ๐ŸŽฏ How courts decide if your predetermined damages are valid or void

๐Ÿš€ Real Cases Discussed:

  • ๐Ÿ’Ž Fatehchand vs. Balkishan Das - The foundational case that set reasonable compensation limits
  • โญ Oil and Natural Gas Corp Ltd vs. Saw Pipes Ltd - Supreme Court's game-changing ruling on proof requirements
  • ๐ŸŽญ Kemble vs. Farren - The theater case that showed how blanket penalties fail
  • โšก Unitech Ltd vs. TSIIC - When excessive interest rates become unenforceable penalties

๐ŸŽ™๏ธ By the end, you'll know exactly how to draft damage clauses that courts will uphold - and spot the red flags that make them worthless!

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Contract LawBy Sharad Bansal