Question

Whether time is of essence or not is a question of fact, and the real test is the parties' intention. Which amongst the following is not correct in ascertaining the intention of the parties with respect to "time is of essence".

• A. The express words used in the contract.
• B. The nature of the property which forms the subject-matter of the contract.
• C. The nature of the contract and the surrounding circumstances.
• D. The nature of the contract that provides for an extension of time or liquidated damages for delays
• A. Kailash Nath Associates v Delhi Development Authority [2015] 1 SCR 627.
• B. ONGC Ltd v Saw Pipes Ltd (2003) 5 SCC 705.
• C. Fateh Chand v Balkishan Dass (1964) 1 SCR 515.
• D. Satyabrata Ghose v Mugneeram Bangur\ & Co 1954 SCR 310.
• A. In general, no damages in contract are awarded for injury to plaintiff's feelings or for mental distress, loss of reputation or social discredit caused by the breach of contract.
• B. In general, damages in contract are awarded for anguish and vexation caused by the breach of contract.
• C. In general, damages in contract are awarded for anguish and loss of reputation, but not for social discredit caused by the breach of contract.
• D. In general, damages in contract are awarded for emotional distress, but not for mental agony caused by the breach of contract.
• A. Where a sum is named in the contract as a liquidated amount payable by way of damages, only reasonable compensation can be awarded not exceeding the amount so stated.
• B. In cases where the amount fixed is in the nature of penalty, only reasonable compensation can be awarded, not exceeding the penalty so stated.
• C. The expression 'whether or not actual damage or loss is proved to have been caused thereby' in section 74 means that in every case the proof of actual damage or loss has been dispensed with.
• D. Both (A) and (B).
• A. Section 55.
• B. Section 73.
• C. Section 74.
• D. Section 75.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks to identify which of the given options is NOT a correct factor or test for determining whether time is of the essence in a contract. The core issue is how the intention of the parties regarding the timeliness of performance is determined.
Step 2: Detailed Explanation:
According to Section 55 of the Indian Contract Act, whether time is of the essence depends on the intention of the parties. This intention is gathered from several factors.
(A) The express words used in the contract: This is the most direct way to determine the parties' intention. If the contract explicitly states that "time is of the essence," courts will generally uphold this. So, this is a correct factor.
(B) The nature of the property which forms the subject-matter of the contract: If the subject matter is perishable goods or items with fluctuating market values, time is usually considered to be of the essence. So, this is a correct factor.
(C) The nature of the contract and the surrounding circumstances: In commercial or business contracts, time is generally presumed to be of the essence. The context in which the contract was made is crucial. So, this is a correct factor.
(D) The nature of the contract that provides for an extension of time or liquidated damages for delays: This statement is the one that is not entirely correct in the way it is framed as a test. The presence of a clause for extension of time or for payment of liquidated damages for delays is indeed a factor to be considered. However, it is generally considered strong evidence that time is NOT of the essence. The parties have contemplated a possible delay and have provided a remedy for it (compensation), which indicates that they did not intend for the contract to become voidable merely due to delay. Therefore, while it is a factor in "ascertaining the intention," its inclusion as a general test for determining if time is of the essence is misleading. The other three options are direct tests to establish that time is of the essence. The presence of a liquidated damages clause is an indicator pointing to the contrary conclusion. Thus, in the context of identifying a correct test for "time is of essence", this one is the outlier.
Step 3: Final Answer:
Options (A), (B), and (C) are well-established tests for determining if time is of the essence. Option (D) describes a contractual feature that typically indicates that time is not of the essence. Therefore, it is not a correct factor for ascertaining that time is of the essence, making it the correct answer to the question.

Answer 2

Step 1: Understanding the Question:
The question requires identifying the court case from the given options that is not a landmark or leading judgment concerning Section 74 of the Indian Contract Act, 1872. Section 74 deals with compensation for breach of contract where a penalty or liquidated damages are stipulated.
Step 2: Detailed Explanation:
Let's analyze each option:
(A) Kailash Nath Associates v Delhi Development Authority (2015): This is a modern landmark Supreme Court judgment that extensively clarified the principles of Section 74. It held that damages awarded under Section 74 must be reasonable and a genuine pre-estimate of the loss, and proof of loss is necessary unless it is difficult or impossible to prove. It is a leading case on Section 74.
(B) ONGC Ltd v Saw Pipes Ltd (2003): This is another significant Supreme Court case that interpreted Section 74. It dealt with the concept of "public policy" and laid down that the stipulated sum could be awarded as compensation if it is a genuine pre-estimate of loss, especially in cases where proving the actual loss is difficult. It is a leading case on Section 74.
(C) Fateh Chand v Balkishan Dass (1964): This is a foundational Supreme Court case on Section 74. The court held that Section 74 applies to all stipulations by way of penalty, including forfeiture of earnest money, and the court will only grant reasonable compensation not exceeding the stipulated amount. It is a cornerstone judgment for Section 74.
(D) Satyabrata Ghose v Mugneeram Bangur \ & Co (1954): This is a landmark Supreme Court judgment, but it is the leading authority on the doctrine of frustration of contract, which is covered under Section 56 of the Indian Contract Act. It does not primarily deal with Section 74.
Step 3: Final Answer:
Based on the analysis, Satyabrata Ghose v Mugneeram Bangur \ & Co is a leading case on Section 56 (frustration of contract), not Section 74 (liquidated damages and penalties). Therefore, it is the correct answer.

Answer 3

Step 1: Understanding the Question:
The question asks to identify the correct general principle governing the award of damages for non-pecuniary (non-financial) losses in the law of contract.
Step 2: Detailed Explanation:
The fundamental principle of damages in contract law, established in the case of Hadley v. Baxendale, is to compensate the injured party for their financial losses that arise naturally from the breach. The goal is to put the plaintiff in the same financial position they would have been in had the contract been performed.
This principle generally excludes compensation for non-pecuniary losses.
- Injury to feelings, mental distress, anguish, vexation: The law generally does not award damages for these emotional harms in commercial contract breaches. There are very limited exceptions, for instance, in contracts where the primary purpose was to provide enjoyment or peace of mind (like a holiday package), but the general rule is one of no recovery.
- Loss of reputation or social discredit: Damages for loss of reputation are typically pursued in the law of torts (defamation), not contract. A breach of contract, even if it harms a person's reputation, is not generally a ground for awarding such damages.
Let's evaluate the options based on this principle:
(A) This option correctly states the general rule: no damages are awarded for injury to feelings, mental distress, loss of reputation, or social discredit. This is the correct proposition.
(B) This option claims damages are awarded for anguish and vexation, which contradicts the general rule.
(C) This option incorrectly suggests that damages for anguish and loss of reputation are awarded, which is contrary to the general principle.
(D) This option creates an artificial and incorrect distinction between "emotional distress" and "mental agony" and wrongly suggests damages are available for the former.
Step 3: Final Answer:
Option (A) accurately represents the general common law position on damages for non-pecuniary losses in contract law.

Answer 4

Step 1: Understanding the Question:
The question asks to identify the correct legal proposition(s) concerning Section 74 of the Indian Contract Act, which deals with stipulated damages and penalties.
Step 2: Detailed Explanation:
The text provided in the passage itself summarizes Section 74. Let's analyze each proposition:
(A) "Where a sum is named in the contract as a liquidated amount payable by way of damages, only reasonable compensation can be awarded not exceeding the amount so stated." This is the essence of Section 74. Unlike English law, Indian law does not distinguish between liquidated damages (a genuine pre-estimate of loss) and a penalty (a deterrent). In both cases, the court has the discretion to award what it considers 'reasonable compensation', with the stipulated sum acting as an upper limit. This statement is correct.
(B) "In cases where the amount fixed is in the nature of penalty, only reasonable compensation can be awarded, not exceeding the penalty so stated." This is also correct for the same reason as above. Section 74 explicitly covers sums named as penalties, and the treatment is the same: award of reasonable compensation up to the stipulated amount.
(C) "The expression 'whether or not actual damage or loss is proved to have been caused thereby' in section 74 means that in every case the proof of actual damage or loss has been dispensed with." This is an incorrect interpretation of the law. The Supreme Court in Kailash Nath Associates v. DDA (2015) clarified this phrase. It held that the expression only applies in situations where it is difficult or impossible to prove the actual loss. If the loss is ascertainable, the plaintiff must prove it. Therefore, proof of loss is not dispensed with in every case. This statement is incorrect.
(D) Since propositions (A) and (B) are both correct statements of the law under Section 74, this option is the most accurate and complete answer.
Step 3: Final Answer:
Both (A) and (B) are correct propositions of law under Section 74 of the Indian Contract Act. Therefore, option (D) is the correct choice.

Answer 5

Step 1: Understanding the Question:
The question asks to identify the section of the Indian Contract Act that governs the forfeiture of earnest money under a contract.
Step 2: Detailed Explanation:
Earnest money is a deposit made by a buyer as a manifestation of good faith to bind a contract. If the buyer defaults, this amount is often forfeited. The question is how the law treats such forfeiture clauses.
The Supreme Court in the landmark case of Fateh Chand v. Balkishan Dass (1964) held that the principles of Section 74 apply to the forfeiture of earnest money. The court reasoned that a clause for forfeiture is a "stipulation by way of penalty."
Therefore, even if there is a clause for forfeiture of earnest money, the court will not allow the entire amount to be forfeited if it is penal in nature. The party forfeiting the money is only entitled to "reasonable compensation" for the loss suffered, and the amount of earnest money serves as the upper limit.
Let's review the options:
- (A) Section 55 deals with the time of performance, which is not directly relevant.
- (B) Section 73 provides for general damages where no amount is stipulated. Since earnest money involves a stipulated amount for forfeiture, the more specific Section 74 applies.
- (C) Section 74 deals with contracts containing a stipulation by way of penalty, which has been interpreted by courts to include clauses for the forfeiture of earnest money. This is the correct section.
- (D) Section 75 deals with compensation for a party who rightfully rescinds a contract, which is a related but different context. Section 74 is the specific provision for quantifying damages where a penalty (like forfeiture) is stipulated.
Step 3: Final Answer:
Section 74 of the Indian Contract Act applies to cases of forfeiture of earnest money under a contract.