Question

Legal Principle: In case of a breach of contract, compensation can be awarded for the personal inconvenience suffered by a party by reason of the breach, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract to be likely to result from the breach of it.
Factual Situation : Sunita and Sushmita bought bus tickets for a journey from Adyar to Mandaveli. The bus was to go to St.Thomas Mount via Mandaveli. However, the driver mistakenly took a wrong direction and the two girls were dropped at a distance of $2^{1/2}$ miles at midnight. Later they filed a case against the bus company and claimed 5,000 as damages for inconvenience caused in having to walk and 6,500 for Sushmita having fallen ill by catching cold during the night.

• A. Both the amounts are liable to be paid because Sunita and Sushmita suffered loss for no fault of theirs.
• B. The bus company is liable to pay both the amounts claimed because the loss was suffered on account of the fault of the bus company and the inconvenience suffered and illness arose was in the normal course of things from breach of contract.
• C. The compensation for inconvenience suffered by being forced to walk at night is liable to be paid by the bus company.However, no compensation for Sushmita's illness because this was not expected on account of breach of contract.
• D. The bus company is not liable to pay any amount, because it was the driver's fault.

Answer 1

The correct option is C The compensation for inconvenience suffered by being forced to walk at night is liable to be paid by the bus company.However, no compensation for Sushmita's illness because this was not expected on account of breach of contract.

The bus driver diverted from the course which caused the breach of contract. Due to the diversion, the two girls were dropped at a distance at midnight, which caused an inconvenience to them. The inconvenience caused arose due to diversion and hence can be said to arise from the usual course of such things of breach, thereby a compensation can be claimed for it. While Sushmita catching cold and falling ill cannot be said to arise from the usual course of the breach and hence a compensation cannot be claimed for the same.

This legal principle arises in Section 73 of the Indian Contract Act 1872.