CR1043 | Commercial Remedies

One of the key questions which businesspersons entering into a transaction have is – what happens if things go wrong? The law of commercial remedies tries to answer this question. This course shall examine the various remedies available to parties in commercial disputes. It shall also analyse the factors which lawyers keep in mind when choosing between several alternative remedies. The course will cover the law of damages (liquidated and unliquidated) and the law relating to specific performance. It will also examine the law relating to injunctions. The approach will be to analyse various remedies from the perspective of the cause of action: thus, the various remedies will be examined in the context of tort, breach of contract, and equitable wrongs.

The teaching method employed will be a mixture of lectures and discussions. Concepts and first principles will be examined through lectures, and this will be followed by discussions on relevant statutory materials and case-laws. The readings will include Indian as well as English cases and (Indian) statutory materials.