Law of Damages in India
July 02, 2022
 

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.

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Research Papers

Compendium of Research Papers
May 23, 2022

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March 02, 2022

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Medical Device Industry in India
February 07, 2022

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Law of Damages in India

July 02, 2022

 

 

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 concierge@nishithdesai.com.

Do visit us at www.nishithdesai.com.

 

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Disclaimer

The contents of this hotline should not be construed as legal opinion. View detailed disclaimer.

This Hotline provides general information existing at the time of preparation. The Hotline is intended as a news update and Nishith Desai Associates neither assumes nor accepts any responsibility for any loss arising to any person acting or refraining from acting as a result of any material contained in this Hotline. It is recommended that professional advice be taken based on the specific facts and circumstances. This Hotline does not substitute the need to refer to the original pronouncements.

This is not a Spam mail. You have received this mail because you have either requested for it or someone must have suggested your name. Since India has no anti-spamming law, we refer to the US directive, which states that a mail cannot be considered Spam if it contains the sender's contact information, which this mail does. In case this mail doesn't concern you, please unsubscribe from mailing list.
 
 

 

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Research Papers

Compendium of Research Papers
May 23, 2022

Digital Health in India
March 02, 2022

The Indian Pharmaceutical Industry
February 07, 2022

Medical Device Industry in India
February 07, 2022

 

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Chambers and Partners Asia-Pacific: Band 1 for Employment, Lifesciences, Tax and TMT, 2022

AsiaLaw Asia-Pacific Guide 2022: Ranked ‘Outstanding’ for Media & Entertainment, Technology & Communications, Labor & Employment, Regulatory, Private Equity, Tax

Who's Who Legal: Thought Leaders India 2022: Nishith M Desai (Corporate Tax - Advisory, Corporate Tax - Controversy and Private Funds – Formation), Vikram Shroff (Labour & Employment and Pensions & Benefits) and Vyapak Desai (Arbitration)

Benchmark Litigation Asia-Pacific: Tier 1 for Tax, Labour and Employment, International Arbitration, Government and Regulatory, 2021

Legal500 Asia-Pacific: Tier 1 for Tax, Data Protection, Labour and Employment, Private Equity and Investment Funds, 2021

IFLR1000: Tier 1 for Private Equity and Tier 2 for Project Development: Telecommunications Networks, 2021

FT Innovative Lawyers Asia Pacific 2019 Awards: NDA ranked 2nd in the Most Innovative Law Firm category (Asia-Pacific Headquartered)

RSG-Financial Times: India’s Most Innovative Law Firm 2019, 2017, 2016, 2015, 2014