Skip to main content

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

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

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

सामान्यतः साथ में उद्धृत

धारा 53 के साथ सामान्यतः उद्धृत अन्य प्रावधान