Specific performance of contract and its enforceability. Our topic notes cover a fascinating spectrum of issues, including trespass, negligence, nuisance, and defamation. Mar 14, 2020 hence, the rule of part performance applies to lease, mortgage, etc. Hence, the rule of part performance applies to lease, mortgage, etc. What is the difference between specific performance. Cases in which specific performance of contracts connected with trusts enforceable.
Specific performance is an equitable remedy that can be awarded for breach of contract, requiring the party to perform their obligations under the contract. Pdf contract law notes, ebook free download for llb students. As there is no particular format provided for the contract, it does not have to be formal. It is a compilation of different course content i used back in the day while still studying, hope it helps young enthusiastic students. Specific performance is a remedy based in contract law.
The question as to whether the grant of relief for specific performance will cause hardship to the defendant within the meaning of clause b of subsection 2 of section 20 of the specific relief act, 1963, being a question of fact, the first appellate court without framing such an issue ought not to have reversed the finding of the. Specific performance is a remedy that orders the breaching party to comply with the terms of the contract. The provision of this enactment was considered by the law commission in its ninth report which was later replaced by the present act of 1963. In case of his failure, the other party will have a right sue for performance of the contract. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal laws. Aug 16, 2017 specific performance is a directive ordered by a court wherein a party to a contract must perform a specific action as outlined in an existent contract. The specific performance of a contract shall be enforced by the court subject to the provisions contained in subsection 2 of section 11, section 14 and section 16. See who may obtain specific performance cases in which specific performance of contract enforceable.
The law of specific relief in india was originally codified by specific relief act, 1877. Olin center for law, economics, and business specific performance versus damages for breach of contract steven shavell discussion paper no. In this article, yash kansal discusses enforceability of specific performance of contract. Specific relief act, 1963 bare act, bare act pdf, law notes. Introduction the law of specific relief in india was originally codified by specific relief act, 1877.
Specific performance will be granted where the contract involves a unique chattel. Amendment in 2017 here is the amendment keep reading. For example, california law states that specific performance may be compelled if. This court can only interfere where there is an invasion of a legal or equitable right. An injunction is a remedy that prohibits a party from a particular act. Specific performance may be ordered if the agreement provides for that remedy. The section is based upon the maxim which ought to have been done. In execution of a transfer, the law imposes a duty on both, the transferor and the transferee. Taking specific performance seriously 89 leading house of lords decision in cooperative insurance society v. The specific relief act, 1963 is based on the ninth report of the law commission of india on the specific relief act, 1877. Legal action brought into a court compelling a party to carry out the terms of a contract. This pdf document allows you to expand the table of contents on the lefthand side of the page. In india, the contract has to be in writing in order to attract the rule of part performance. Specific performance definition, examples, cases, processes.
Specific relief to be granted only for enforcing individual civil rights and not for. Critically discuss specific performance of contracts. Rule of part performance legal bites law and beyond. According to halsbury specific performance is and equitable relief given by the court in case of breach of contract in the forms of a judgement that the dependent do actually perform the contract according to its terms and stipulations. What is the difference between specific performance and a. Show full abstract administratively costly to run a system of enforcement that renders specific performance attractive to the aggrieved party, and that the civil law countries have like common. No such legal or equitable right exists i think it right to add that the power given to the court by sect. Specific performance of a contract analysis and case laws.
Specific performance was ordered of a contract to supply machinery which could not be readily obtained elsewhere. Feb 28, 20 specific relief is a form of judicial redress. You can easily search, bookmark, highlight, and underline the text material. Under the act, the remedy of specific performance was not available to a party as a matter of right, but its grant was based on the discretion of the court. Specific relief act, 1963 law, lawyers, advocates, law. This paper is to impart knowledge various special contract, law of agency and partnership and specific reliefs. Cohen v roche 1927 1 kb 169 the court refused specific performance to a buyer of a set of hepplewhite chairs saying that they were ordinary articles of. Whereas it is expedient to define and amend the law relating to certain kinds of specific relief obtainable in civil suits. Specific performance wex us law lii legal information. Exceptional nature of specific performance in the indian law. The following is a more accessble plain text extract of the pdf sample above, taken from our irish criminal law notes. The party on whom this contractual obligation rests must not fails to discharge such obligation. Damages 9805 2 this conclusion will help us to understand the choices made between damages and specific performance under angloamerican4 and under civil law systems5 and will suggest the desirability of certain changes in our legal doctrine. Under common law, specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages.
In case of his failure, the other party will have a right sue for performance of the. Orders compelling performance orders for specific performance or injunctions it is important to specify the types of loss week 2. In contract law, specific performance is an equitable remedy in which a court order requires one party to perform a specific act in order to complete performance of the contract. The specific performance of a contract shall be enforced by the court subject to the provisions contained in subsection 2 of section 11, section 14 and section. Section 15 of the specific relief act, 1963 provides for those persons who can obtain specific performance of a contract. Specific performance will not granted where compensation is enough relief. Explain the specific relief act in details llb law notes. Section 10 of specific relief act updated cases in which specific performance of contract enforceable. Apr 01, 20 in indian law, specific relief giving enforced performance of a contract is by way of a decree of specific performance, or injunction prohibitory or mandatory. The only modern commentator to criticize specific performance law seriously is professor dawson, who has called for the specific performance of all contracts to deliver chattels. But it is granted as an exception, in cases where compensation either is not ascertainable or is inadequate, and where it is possible of effective enforcement. Specific performance of contract based on ratio decidendi 1 ready and willing to perform and conduct of a plaintiff in a suit for specific performance. Specific performance is almost never available for contracts of. Specific performance primary tabs a contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm.
Specific performance can refer to any kind of forced action, though it is usually enforced so as to complete a transaction that had been previously agreed to. Introduction meaning of specific performance the law relating to equity, in india today, is contained in the specific relief act, 1963 act 47 of. Specific relief act, 1963 bare act bare act, bare act pdf. In indian law, specific relief giving enforced performance of a contract is by way of a decree of specific performance, or injunction prohibitory or mandatory. Even if a term does appear to be essential, still discuss the possibility that it is an intermediate term and that there has been a fundamentalserious breach. Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. An introduction 4 overview access to text all of this material in this text is available in desktop and mobile browser or pdf format at. The situation in indian law is different from common law. Thus, specific performance may be ordered of a contract to execute a mortgage for money advanced. Thus, the remedy of specific performance is in contrast with the remedy by way of damages for breach of contract, which gives pecuniary compensation for failure to carry out the terms of the contract. Specific performance legal definition of specific performance.
Contract law covers the formation of contractual relations, the requirements for enforceability, the rights of third parties, interpretation of contracts, vitiating factors and remedies. Pdf on specific performance in civil law and enforcement. Amount predetermined as total compensation by the parties to an agreement which an injured party should get if other party breaches a part of the contract. Ordinarily, when there is a breach of contract, the damages one usually claims is money. Specific performance student law notes online case. Decree of specific performance is discretionary relief. Lectures of specific relief act pahuja law academy. A contract is an agreement upon sufficient consideration to do or not to do a particular act.
Specific performance is a directive ordered by a court wherein a party to a contract must perform a specific action as outlined in an existent contract. Cohen v roche 1927 1 kb 169 the court refused specific performance to a buyer of a set of hepplewhite chairs saying that they were ordinary articles of commerce and of no special value or interest. Specific performance is the most accurate method of achieving the compensation goal of contract remedies because it gives the promisee the precise performance that he purchased. Hi fellow law students, i am sharing pdf notes, book and ebook for the subject contract law for llb and ba. We also stock notes on irish equity as well as irish bcl notes generally. Contract law exam notes 2017 common mistakes to watch out for generally, when discussing breach of contract, repudiation should be addressed if necessary. It includes outcomes achieved, or accomplished through contribution of individuals or teams to the organizations strategic goals.
Unit i performance management the concept performance is understood as achievement of the organization in relation with its set goals. What are the cases in which specific performance of contract. Specific performance of contracts legal service india. Order of specific performance is granted by the courts when the damages are not an adequate remedy, and in some specific cases, such as sale transfer of land. See dawson, specific performance in france and germany, 57 mich. Under angloamerican law, as readers know, specific performance is an exceptional remedy, employed mainly for contracts to. Specific performance is equitable relief, given by the court to enforce against a defendant, the duty of doing what he agreed by contract to do. Pdf on specific performance in civil law and enforcement costs.
Cases in which specific performance of contract enforceable according to section 10 of the specific relief act, 1963 the specific performance of any contract may, in the discretion of the court, be enforced a when there exists no standard for ascertaining actual damage caused by the non performance of the act agreed to be done. A contract for execution of the work contracted would fall within the types of. Specific performance would otherwise be an appropriate remedy. The following is a more accessble plain text extract of the pdf sample above, taken from our irish criminal law. Law on specific performance of contract introductory. Equitable remedies of injunctions and specific performance. Law on specific performance of contract articles on law. Repudiation party would seek a loss of bargain damages. A rare stamp collection is a unique chattel for purposes of specific performance, whereas stock listed on the new york or american stock exchange is not unique. Equitable remedies cases equitable remedy case summaries. Orders for specific performance come about after two parties have contracted with one another but one party has failed or refuses to perform as agreed in the contract.
It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative. Cooperative insurance society ltd v argyll stores holdings ltd is the leading case on the application of the specific performance doctrine. Specific performance primary tabs a contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary. See specific performance, blacks law dictionary 10 th ed. Damages may be considered to be an inadequate remedy. Maxims of equity 40 marksthe specific relief act, 1877 60 markscourse contents maxims of equitythe specific relief act, 1877. The specific relief act, 1963 search engine for indian law. Specific performance is deemed an extraordinary remedy, awarded at the courts discretion sections 925 deal with specific performance of contracts. Sep 12, 2018 the specific relief act, 1963 act codifies the law in relation to grant of the relief of specific performance 1 including injunctions.
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