Upgrad LLM

will breach of contract attract criminal liability??

Company Secretary

A breach of contract leads to civil liability..but will it amount to Criminal Liability too...(by taking an example of a loss in business/ goodwill of a business man, occured due to non supply of goods in time to high end customers..due to a folly of a supplier..)

 
Reply   
 

For loss of business/goodwill, compensation can be claimed under civil suit only.  If there was a criminal intention (mens rea) (like cheating) in the contract or there was some criminal activity (like wilful destruction of goods), criminal complaint can be lodged.   

 
Reply   
 



Ditto.

 
Reply   
 
advocate

I agree with the above view

 
Reply   
 
advocate

Ms pooja,please go through the decision  of  hon, supreme court ,citation given below

A.I.R. 1999 S.C 1480


Total likes : 1 times

 
Reply   
 
Advocate

It is civil unless prosecution prove mens rea
 
Reply   
 
Advocate Orissa High Court

Please refer AIR 2000SC 1869 and AIR 2000 SC 2341.Illustration (g) to Sec  415 makes the position clear eough to indicate that mere failure to deliver in breach of an areement would not amount to cheating but it is liable only to a civil action for breach of contract.

 
Reply   
 
Company Secretary

 

 

 

Thanks all, for your valuable opinions..

So is the conclude right that for criminal liability, mens rea is important, and it is for the court to decide...( means  depending upon evidence and facts of the case)

Will the same be applied in case of defamation too???

 
Reply   
 

In the subject case, question of 'defamation' does not arise.  (It may be pleaded as 'loss of business reputation' for claiming damages under 'breach of contract').

 
Reply   
 

Employee leave the organisation by giving resignation through email of fax and not completing his notice period then employer will take Criminal action for breach of contract? As employer has been suffering due to emmediete resign what will be the way out the same?

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

CrPC MASTERCLASS!     |    x