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Indian Contract Act, 1872

Section 53

Compensation for loss or damage to be given

Quick Answer Reference: Section 53 Contract Act

  • Provision: Section 53 of Contract Act
  • Act: Indian Contract Act, 1872
  • Classification: contract
  • Jurisdiction: India
Statutory Content

What does Section 53 of Contract Act say?

Section 53 of the Indian Contract Act, 1872, states: 'The compensation which is awarded for a breach of contract is to be given for the loss or damage which was caused by the breach, and which was at the time of the contract reasonably contemplated by the parties to be a probable result of the breach. The party in breach is not liable for any loss or damage which was not reasonably foreseeable at the time of the contract.' This section emphasizes the principle that the compensation awarded for a breach of contract should be for losses that were reasonably foreseeable by the parties at the time of contracting. The courts have interpreted this section to mean that the parties must have had knowledge or reason to know of the potential loss or damage at the time of entering into the contract. In the case of Hadley vs. Baxendale, the court held that the defendant was not liable for the special damages as the defendant had no knowledge of the special circumstances that would give rise to those damages.

Indian StandardSection 53, Indian Contract Act, 1872
Bluebook (21st ed.)Indian Contract Act, 1872, § 53 (India)
Court Pleading StandardSection 53 of the Indian Contract Act, 1872
Canonical Web linkhttps://nyaya.cloud/acts/indian-contract-act-1872/53

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
People Also Ask (PAA)

Common Questions about Section 53 Contract Act

What is Section 53 of Contract Act?

Section 53 of the Indian Contract Act, 1872 (Contract Act) defines and regulates "Compensation for loss or damage to be given". The section states: Section 53 of the Indian Contract Act, 1872, states: 'The compensation which is awarded for a breach of contract is to be given for the loss or damage which was caused by the breac...

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