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A Letter of Non-Fulfilment of Contractual Obligations ("Letter") is used by a Sender when a Recipient has failed to discharge their duties under a contract. The Letter contains the details of non-fulfilment of obligations and other related information. The Letter is typically the initial step a Sender takes to rectify the issues before resorting to legal action.
The Sender can use this document to remind a Recipient of their failure to do their obligations under a contract signed by both parties before escalating the matter to termination of contract or other serious legal action. The Letter includes information for identifying the Sender and Recipient, details about the transaction, violation details, as well as the resolution to the issue. The letter can be sent regarding the non-fulfillment of obligations under any type of contract, including both commercial and individual contracts.
It is better to attach all supporting documents along with this Letter including a copy of the signed contract, communications, Proof of non-fulfilment, etc.
After preparing the Letter, it is essential to verify the method of sending the Letter specified in the contract. Different contracts may have different ways of sending Letters, so it is important to check them carefully. In case there is no mention of the Letter, it can be sent to the Recipient via registered mail, email, or by hand delivery. Sending the Letter through registered mail or email allows for keeping a record that the Letter was sent and received by the Recipient. This record may be useful in the future if legal action needs to be taken.
The clauses mentioned under the contract including alternative dispute resolution methods, way of sending Letters, etc. need to be considered. The Letter will be covered under the general provisions of the Indian Contract Act, 1872.
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Country: India