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‘A’ contracts to sell and deliver 500 bales of cotton to ‘B’ on a fixed day A knows nothing of B’s mode of conducting his business ‘A’ breaks his promise and ‘B’ having no cotton is obliged to close his mill. Is ‘A’ responsible for the loss caused to ‘B’ by the closing of Mill:
Yes
No
To the extent of the agreed price of cotton
None of the above
Section 73. Compensation of loss or damage caused by breach of contract. When a contract has been broken, the party who suffers by such breach is entitled to receive, form the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. Such compensation is not to be given for any remote and indirect loss of damage sustained by reason of the breach.
Compensation for failure to discharge obligation resembling those created by contractWhen an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract. ExplanationIn estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused by nonperformance of the contract must be taken into account.
(p) A contracts to sell and deliver 500 bales of cotton to B on a fixed day. A knows nothing of B's mode of conducting his business. A breaks his promise, and B, having no cotton, is obliged to close his mill. A is not responsible to B for the loss caused to B by closing of the mill
By: Parvesh Mehta ProfileResourcesReport error
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