When a party to a contract does not meet its performance obligation despite havi

Question

When a party to a contract does not meet its performance obligation despite having no legal excuse not to perform what does that constitute?

In what position does the law seek to put the innocent party when the other party does not perform?

What is the monetary form of contractual remedy called?

You agree to paint my house for $500. You don't show up and I have to pay another painter $900 to do the job.

a) What is the appropriate measure of compensatory damages?
b) How would your answer change (if at all) if I prepaid you for the job?
c) Can you name some incidental damages I might have incurred due to your breach?

Explanation / Answer

1) this is called non-performance of contract

because when both parties meet their obligations and perform them this is called performance of contract and when they don't do that.. then this is called as non-performance

2) this could be breach of contract

because when one party is not performing then it is simply breach which means when one party to contract refuse to perform according and for contract

3) this should be compensation for damages

4) appropriate measure would be to compensate in monetary form and that will be 400rs.

b) then the party could demand 500rs.. as painter didn't start yet then he should return back to party

c) liquidated damages that might had incurred due to breach

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