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Question

Section 73 of the Indian Contract Act, 1872 deals with substantial damages namely :

This question was previously asked in
MH SET 2024 Paper 2 Computer Science and Applications Question Paper (07-Apr-2024)
The correct answer is

General and special damages arising out of usual or natural and peculiar circumstances of a particular case

Section 73 of the Indian Contract Act, 1872 gives the party suffering from a breach compensation for loss or damage which naturally arose in the usual course of things from the breach (general damages), or which the parties knew, when they made the contract, to be likely to result from the breach (special damages).

This codifies the two limbs of Hadley v. Baxendale (1854). Special damages are recoverable only where the special circumstances were within the contemplation of both parties.

The section expressly bars compensation for any remote and indirect loss or damage sustained by reason of the breach, so remote damages are excluded.

Hence, the answer is General and special damages arising out of usual or natural and peculiar circumstances of a particular case.

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