Contract Law

Contract Penalties vs Real Damages โš–๏ธ


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๐Ÿ›๏ธ The Contract Clause That Could Save (Or Cost) You Thousands

๐ŸŒŸ You're about to sign a contract, and there's that scary clause: "If you break this agreement, pay โ‚น1 lakh!" But here's the million-rupee question - do you actually have to pay that amount if something goes wrong?

๐Ÿ’ก What You'll Discover:

  • ๐Ÿ” The crucial difference between legitimate damage estimates and illegal penalties
  • โš–๏ธ How Indian courts decide what's fair compensation vs. unfair punishment
  • ๐ŸŽฏ Why Section 74 of the Indian Contract Act protects you from scary contract terms
  • ๐Ÿ’ฐ When courts will slash penalty amounts down to reasonable levels

๐Ÿš€ Real Cases Discussed:

  • ๐Ÿ’Ž Campbell v. Farrin - The theatre case that established the "too harsh" rule
  • โญ Maya Devi v. Lalta Prasad - When Supreme Court said "double money" demands are unfair
  • ๐Ÿข Fatehchand v. Balkishan Das - The precedent that protects contract parties
  • โšก ONGC v. Saw Pipes & Unitech Ltd. v. TSIC - Modern applications of penalty principles

๐ŸŽ™๏ธ By the end, you'll know exactly how to spot unfair contract terms and understand why Indian law focuses on compensation, not punishment. Perfect for anyone who signs contracts - which is basically everyone!

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Contract LawBy Sharad Bansal