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march 1961

Supreme Court of India · 1961-03-29

M/S. MURLIDHAR CHIRANJILAL vs M/S. HARISHCHANDRA DWARKADAS AND ANOTHER

Citation / case number
SC 1958/71
Court
Supreme Court of India
Petitioner
M/S. MURLIDHAR CHIRANJILAL
Respondent
M/S. HARISHCHANDRA DWARKADAS AND ANOTHER
Bench
WANCHOO, K.N.

Judgment text excerpt

The Supreme Court held that under Section 73 of the Indian Contract Act, 1872, the measure of damages for breach of contract is determined by the foreseeability of loss at the time of contract formation. The court ruled that the seller's knowledge of the buyer's intended resale location does not automatically imply liability for lost profits unless explicitly stated in the contract. Since the respondent failed to prove the market price of the goods in Kanpur at the time of breach, they were not entitled to any damages, leading to the dismissal of the appeal.

M/S. MURLIDHAR CHIRANJILAL vs M/S. HARISHCHANDRA DWARKADAS AND ANOTHER · Niyam