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Principles evolved in Hadley v. Baxendale are the basis of Section ..................... of the Indian Contract Act.

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Associate \textit{Hadley v. Baxendale} directly with Section 73 of the Indian Contract Act. This case is the foundation for the modern law of remoteness of damages in contract law, a very frequently tested topic.
Updated On: Jul 13, 2026
  • 74
  • 55
  • 87
  • 73
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The Correct Option is D

Approach Solution - 1

Hadley v. Baxendale set out two tests for damages, losses that naturally flow from a breach, and losses both parties contemplated as likely at the time of contracting, so the section to look for is the one that echoes exactly these two ideas.

  1. 74: this covers pre-fixed penalty or liquidated damages clauses, a different topic from the general damages test.
  2. 55: this covers the effect of not performing on time when time is essential to the contract, unrelated to the remoteness of damages question.
  3. 87: this does not correspond to any relevant provision on damages in the Contract Act.
  4. 73: this section states the two-limb test for compensation, damages arising naturally, and damages both parties knew were likely, which is exactly the Hadley v. Baxendale formulation carried into Indian statute.

The correct answer is 73.

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Approach Solution -2

Rather than recalling section numbers by rote, it helps to think about what each section is actually trying to regulate, and then match that function to the remoteness of damages rule from Hadley v. Baxendale.

  1. 55: this section is about timing, what happens if a contract isn't performed by an agreed deadline, it has nothing to do with calculating how much compensation is owed.
  2. 74: this section deals with situations where the parties themselves had already agreed on a penalty amount in advance, so the court's role is to moderate that pre-fixed sum, a different question from working out damages from first principles.
  3. 87: no meaningful provision at this number governs the general assessment of contractual damages.
  4. 73: this is the section whose entire function is to answer how much compensation is payable when there was no pre-fixed sum, by reference to natural consequences of the breach and to what both parties contemplated, which is precisely the gap that Hadley v. Baxendale filled in English law.

Matching function to form, the provision drawing on Hadley v. Baxendale is 73.

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