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Siddarth Barbaruah (Manager)     17 November 2014

Breach of contract

The contract was coming to an end and the contractor was given the job of delivery of a cargo to a particular place. The contractor lost the consignment due to misconduct of its agent. The principle filed a police complaint and the material was recovered and delivered with alternative arrangement. The contract ended by flux of time and the contract could not be terminated. Now, for breach of contract can we forfeit the security deposit though opportunity for termination  was not available at that time though we have ample ground to forfeit his security deposit for non performance.



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 4 Replies

Sunil S Nair (lawyer)     18 November 2014

Yes, but was there any agreement for the contract between your company and contractor please state the content in it if any

T. Kalaiselvan, Advocate (Advocate)     19 November 2014

The terms and conditions for the contract are to be seen for a proper opinion. Take the help of a local lawyer, produce all the papers before, take his opinion before proceeding with any legal action in haste which may rebound on you.


(Guest)

Did you include the clause of "force majeur" in the agreement? If so check the provisions of that clause, or else get the terms of agreement checked thoroughly to help arrive at some conclusive advice.


(Guest)

Did you include the clause of "force majeur" in the agreement? If so check the provisions of that clause, or else get the terms of agreement checked thoroughly to help arrive at some conclusive advice.


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