In a civil suit for breach of contract containing a penalty clause, who determines the reasonable…
Section 74 requires judicial assessment of reasonable compensation when a contract stipulates a penalty. The stipulated amount sets the maximum, while settled principles and…
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In a civil suit for breach of contract containing a penalty clause, who determines the reasonable compensation payable under Section 74 of the Indian Contract Act, 1872?
Answer and explanation
Correct answer C
Section 74 requires judicial assessment of reasonable compensation when a contract stipulates a penalty. The stipulated amount sets the maximum, while settled principles and the circumstances guide the court's assessment; neither party nor a witness fixes the award alone.
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