Shreya KA, ‘The Future of Contract Remedies: Should India Move toward a Unified Civil Code on Contracts and Remedies?’

ABSTRACT
Contract law and its remedies are one of the four pillars of commercial law, playing a crucial role in trade activities, as it ensures that parties involved in any lawful act are provided with an assurance that their agreement will be carried out appropriately, and any potential breaches are outlined and compensated for. This leads to reliable and safe trading and other contracts. Contract law in India has remedies specified in our constitution, no doubt; however, the remedies are fragmented across the Specific Relief Act of 1963, the Indian Contract Act of 1872, and precedents of past judgments. This results in various complications, from confusion, variability, and discrepancies to unpredictability, difficulty, and inefficiency for the judiciary as the language utilised is highly discreet. Bearing in mind that the Indian judicial system is already quite overburdened, this dispersion of contract remedies only leads to more time consumption. This research aims to address these limitations and propose a solution to the scattered parts of contractual remedies. In simple words, contract remedies are those precautions and legal aids provided to the aggrieved party when/if a contract is breached. Some examples of contractual remedies are damages, ie, compensation, specific performance, restitution, injunctions, rescission, and so on. A Unified Civil Code/Law on Contractual Remedies refers to a single legal framework, encompassing the full scope and all aspects of contract remedies enforceable across the country.

KA, Shreya, The Future of Contract Remedies: Should India Move toward a Unified Civil Code on Contracts and Remedies? (November 2, 2025).

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