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suraj bihani   16 April 2020

Damages in leave and license agreement

can licensor claim damages from licensee for breach of contract?


Learning

 4 Replies

Siddharth Srivastava (Advocate)     16 April 2020

Yes subject to terms of agreement. 

Archit Uniyal   16 April 2020

Hi,

This usually depends on the clauses in the agreement between the Licensor and Licensee. The agreements usually have clauses that explain the duties of both parties and if either party fails to perform those duties then it leads to breach of contract. Also if either party does something that is not permitted within the agreement then also it leads to breach of contract. There is a damages clause that pacifies the party on the receiving end of the breach, Damages clause explains damages as "any claim of The Licensor against the Licensee for breach of this Agreement, including but not limited to, losses, damages to installations and furniture, dues, arrears, etc. against which the Licensee shall be entitled to claim and adjust the Security Deposit."

Hope this helps.

Regards,

Archit

suraj bihani   16 April 2020

Thank you sir

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     17 April 2020

Law is nothing but a common sense. If a prty to the agreement violates its terms and conditions causing financial or other loss to the affected party, certainly it shall have to compensate to the affected party with due compensation may it be mentioned in the license or not.


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