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Similarly, if Paul refuses to pay against the same, he is also liable to be breaching the obligations of the agreement between the two. Furthermore, supplying sub-standard material and making unnecessary delays also comes under the description of breach of the contract.
When a party repudiating its promise before time for performance arrives; for instance, Angelina announces to marry John the next year. However, she renounces the same before the beginning of the next year. It is breach of contract on the part of Angelina, and John can claim damages for the same. Hence, obligations of contract bind the parties to fulfil the responsibilities of their part, non-compliance of which creates liabilities on them. Section 37 of the Act discusses the liability of the parties in these words: “The parties to a contract must either perform or offer to perform their respective promises, unless such performance is dispensed with or excused under the provisions of this Act, or any other law.”3
Illustration: A offers B his services for fixing air-condition system at his office, and B accepts the offer against the consideration of worth £ 5000. However, the system collapses after two days of its fixing causing a short circuit in the office and loss of £ 20,000. Since A had not examined his system properly, he has committed liability negligence on his part.
On the other hand, tort of negligence appears at the moment when individual rights of one or more persons are violated. “A tort is a civil wrong for which a remedy, usually compensation, is available to the wronged person in the civil courts.”4 Hence, tort actually serves as a civil wrong, which affects the private legal rights. “Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing ...