What is the usual term for a genuine pre-estimate of loss agreed by the contracting parties when they…
A genuine pre-estimate of loss for breach is called liquidated damages. Section 74 of the Indian Contract Act, 1872 permits reasonable compensation up to the stipulated sum.…
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What is the usual term for a genuine pre-estimate of loss agreed by the contracting parties when they make their contract?
Answer and explanation
Correct answer B
A genuine pre-estimate of loss for breach is called liquidated damages. Section 74 of the Indian Contract Act, 1872 permits reasonable compensation up to the stipulated sum. The stated sum is a ceiling, and its inclusion does not guarantee recovery in full.
Option feedback
Option A
Unliquidated damages are assessed without an amount fixed as a genuine pre-estimate in the contract.
Option B
Liquidated damages are a genuine advance estimate of the loss from breach.
Option C
Nominal damages vindicate a right with a small sum and do not describe a genuine estimate of loss.
Option D
A penalty is distinct from a genuine pre-estimate, though section 74 governs reasonable compensation for both named sums and penalties.
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