New Publication: Law of Damages in India
Posted by By nishithadmin at 2 July, at 11 : 21 AM Print
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Damages have gained much significance especially in commercial transactions, and as punitive measures for violation of rights of concerned persons. Damages are popularly granted in cases of tort or on breach of contract. This paper broadly covers damages in cases of contractual breaches in India and the practical implications of certain key concepts. The paper tries to provide answers to a frequently asked questions like – Can the liability for damages be restricted? Are exemplary damages permissible in India? Does a liquidated damages clause dispense with the proof of damage for claiming damages? Can damages be claimed for direct, consequential and incidental losses and non-pecuniary losses? In this paper, we have also provided a brief overview of claim and grant of damages in cases of torts, indemnity contracts, arbitral proceedings, sale of goods, consumer disputes, infringement of intellectual property rights and EPC contracts. Please click here to access our paper. Hope you find this useful. Please do not hesitate to contact us if you have any queries. For any help or assistance, please email us on ndaconnect@nishithdesai.com. Do visit us at www.nishithdesai.com.
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