Claims in Quantum Meruit vis-à-vis Damages in Breach of Contract

[Pulkit Khare and Vaidehi Soni are 4th Year B.A., LL.B. (Hons.) students of the National University of Advanced Legal Studies, Kochi] The Supreme Court recently in Mahanagar Telephone Nigam Ltd. (MTNL) v. Tata Communications Ltd. raised a question whether quasi-contractual obligations can be imported into a contract which already stipulates a sum for its breach. The case was brought about to answer a point of question interlinking chapters V and VI of the Indian Contract Act, 1872. Analytical View of Chapters V and VI An analytical view of the chapters shall give a perspective on their scope and extent. Chapter V of the Contract Act deals with “certain relations resembling those created by contract”. The chapter contains provisions that posit a situation where there is a lack of a contract amongst the parties. It focuses on an obligation arising similar to a contract between the parties. This chapter speaks of quasi-contractual obligations between the parties.…

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