Liability of damage in civil suit for recovery
Uday Kumar
(Querist) 24 November 2014
This query is : Resolved
Hello Sir
Kindly share the Law in regard to claim damage in Civil Suit of Money Recovery
An Employ has filed a case for Gratuity + Damage, How damage can be quantified
Regards
Uday Kumar
J K Agrawal
(Expert) 24 November 2014
it depends on facts of cases. There is no restriction in any law that one can not demand gratuity as well as damages. The both are available.
ABDUL RAZIQUE
(Expert) 26 November 2014
Dear Uday Kumar
Damages to compensate a party for breach of contract fall into two types: 'expectation' or 'reliance' damages.
'Expectation' damages are intended to put the wronged party in the position it would have been in if the contract had been fulfilled as intended. This is the normal measure for assessing damages for breach of contract.
Reliance damages are intended to compensate the innocent party for expenses incurred and losses suffered in reliance on the contract. The object is to put the innocent party in the same position it would have occupied had the contract never been made. Expectation loss and reliance loss are mutually exclusive to prevent double recovery.
NOW you may identify the nature of damage and according to that you may move before the Ld. Court.
I hope you may be understand.
T. Kalaiselvan, Advocate 
(Expert) 27 November 2014
As properly explained by expert Mr. Razique, you may analyse the extent or quantum of damage in lieu by the terms of money consideration accordingly and proceed with the proposed suit.
