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.
भारतीय अनुबंध अधिनियम, 1872
धारा 53
Compensation for loss or damage to be given
Englishहिंदी
⏳
हिंदी अनुवाद जल्द आ रहा है
इस धारा का प्रमाणित हिंदी अनुवाद और कानूनी स्पष्टीकरण वर्तमान में तैयार किया जा रहा है। आप तब तक मूल अंग्रेज़ी पाठ देख सकते हैं।
अंग्रेज़ी में देखें (View in English) →मूल वैधानिक पाठ (Original English Text)
Statutory Content of Section 53
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
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ऐतिहासिक अदालती निर्णय
धारा 53 से संबंधित महत्वपूर्ण फैसले
1978 1 SCC 248
1973 4 SCC 225
सामान्यतः साथ में उद्धृत