Guest
(Querist) 20 August 2012
This query is : Resolved
If a commercial contract contains a stipulation that it can be terminated by either side by three months notice,can it be termiated with immediate effect on the ground that one of the parties are not intereseted in continuation of the contract?
prabhakar singh
(Expert) 20 August 2012
No! that can not be done. Doing so shall amount to breach of contract actionable on the part of the other party.
Guest
(Expert) 20 August 2012
A contract is not merely a on-sided affair. Contract must also be containing "damages, compensation or penalty" clause on breach of contract by either side. So, you will have to see the terms of contract.
prabhakar singh
(Expert) 20 August 2012
Even if "damages, compensation or penalty" is not laid down in contract; yet the breach would be actionable and damages proved shall be awarded under Indian Contract Act.
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