BREACH OF CONTRACT

N.J. MISHRA (Querist) 04 March 2011 This query is : Resolved
PLEASE MEMBER SUGGEST;

OUR COMPANY HAS APPOINTED A SEAFARER ON CONTRACT BASIS FOR 10 MONTHS +/- ONE MONTH. AFTER EXPIRY OF CONTRACT, COMPANY EXTENDED THE EMPLOYMENT TERM FOR ANOTHER ONE MONTH. HIS CONTRACT EXPIRED ON 04/02/2011 AND AFTER THE EXTENSION OF EMPLOYMENT PERIOD HE WAS SUPPOSE TO SERVE TILL 04/03/2011, BUT HE LEFT THE SERVICE ON 28/02/2011. THIS ACT AMOUNTS TO BREACH OF CONTRACT, UNDER THIS CIRCUMSTATANCES THE COMPANY CAN CLAIM ONLY DAMAGES OR THE AMOUNT INCURRED ON THE SEAFARER BY FILING CIVIL SUIT. APART FROM FILING CIVIL SUIT WHAT SOUGHT OF ACTION CAN COMPANY TAKES AGAINST THE SEAFARER.

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Guest (Expert) 04 March 2011
That depends upon the prescribed clauses of agreement entered in to with the seafarer or the condition of contract. So, please check the documents first before proceeding further..

Chanchal Nag Chowdhury (Expert) 04 March 2011
Damages are of two types-liquidated & unliquidated. The first type is fixed as per contract or on the basis of proof of actual damages. The other type is in the nature of damage-without-injury.
The contract has nearly come to an end. The compensation, if any, will depend on the terms of the contract.

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