Economists believe that if the legal remedy for breach is expectation damages, the idea of efficient breach allows us to forecast when parties will choose to breach a contract. On the other hand, the economic premise of rational wealth-maximizing actors fails to reflect significant nonmonetary values and incentives that impact behavior in predictable ways. People act following shared community norms, such as the moral norm of honoring pledges, when interpersonal duties are informal or underspecified. However, when the parties specify or otherwise formalize punishments for uncooperative behavior, it becomes more strategic and self-interested. The remedy for breach is made apparent with a liquidated-damages clause. This article will highlight the issues about the cure for breach in cases where liquidate damages clause is exploited, focusing on the Common law and precedents by eminent judges, including Pakistan’s legislation.

Pakistan is host to the different indigenous peoples’ groups such as “Koochis,” “Rebari,” “Bakarwal,” “Kehal,” “Jogi,” “Kabootra,” “Sanyasi,” and the most famous “Kalash.” By providing them with a proper legal mechanism for the fortification of their inherited resources, culture expressions and outdated information under a thorough intellectual property framework, Pakistan can preserve the already declining population of indigenous people and create better livelihood opportunities for them. They form at present nondominant sectors of society and are determined to preserve, develop, and transmit to future generations their ancestral territories and ethnic identity, as the basis of their continued existence as peoples, in accordance with their own cultural patterns, social institutions and legal system. Many international instruments have been in operation to support their endeavors. They make up to 15 percent of the extreme poor population of the world. Hence there is an urgency to develop laws for them.