specific performance of contract

This site is protected by reCAPTCHA and the Google This element specifies that all parties to the contract have to perform all their obligations. Are you still entitled to damages if you obtain an order for specific performance? Whether the person against whom the order is sought (the defendant) would suffer hardship in performing. If there is any variation in the terms of the contract even if it for the benefit of the defendant, the plaintiff will not be entitled to seek specific performance. Or their second? The limitation to file such suit is three years from such date. ” is introduced. In 2015, the High Court issued a decision which may be supportive to businesses seeking to enforce compliance with contractual obligations before there has been an actual breach of contract. To access legal support from just £99 per hour arrange your free no-obligation initial consultation to discuss your business requirements. Early Neutral Evaluation: What is it & How Does it Work? 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. Specific performance is a very complex area of law, and there are many circumstances which prevent the court from making such an order, including: 1. According to Section 11 of Indian Contract Act, 1872, parties must-, This element specifies that all parties to the contract have to perform all their obligations. Lessons From A Commercial Dispute: Learning The Hard Way. This order emphasises the performance of contractual obligations. As mentioned above, the court enjoys a broad discretion as to whether to award an order for specific performance. Specific performance is an equitable remedy available for breach of contract which requires the contract breaker to fulfil their contractual obligations.. (See, In 2017, the Kerala High Court held that a plaintiff is entitled to specific performance of a contract only if he sticks to the original terms of the contract. The building or other work is sufficiently described in the contract so that the court is able to determine the nature of the building; Plaintiff has a substantial interest in the performance of a contract. 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. '5 Three Specific performance means enforcement of exact terms of the contract. Section 10 of Indian Contract Act, 1872 states that an agreement becomes a contract if it is entered into with the free consent of parties, for a lawful consideration, for a lawful object and is not void. Under it the plaintiff claims for the specific thing of which he is entitled as per the terms of contract. '4 The natural question, then, is why specific performance is not routinely available. Damages for the breach of a contract for the sale of ordinary personal property are, in most c… The court held that it would consider the statement made by the plaintiff regarding withdrawal of suit and filing of a fresh suit and this statement would serve as a part of the order for the same. reiterated that when a plaintiff wants to implead certain persons as defendants in a suit for specific performance on the ground that they may be adversely affected by the outcome of the suit, then interest of justice also requires allowing such a prayer for impleadment so that the persons likely to be affected are aware of the proceedings and may take appropriate defence as suited to their vendors. Confidentiality & Non-Disclosure Agreements. Specific performance is equitable relief provided by the court to impose the duty of doing what he agreed to try and do by contract against a defendant. In this case (Airport Industrial GP Ltd & another v Heathrow Airport Ltd & another [2015] EWHC 3753 (Ch)), the court made an order for specific performance of a contractual obligation to carry out building works in relation to leasehold property. (See, Replevin means ‘claim and delivery’. The court also observed that the necessary parties in a suit for specific performance of a contract for sale are not only parties to the contract or their legal representatives, but also a person who had purchased the contracted property from the vendor. The acceptance would mean that the other party is well versed with the rules and regulations of the offer. Another issue arose whether, in absence of permission granted by the trial court at the time of withdrawing the previous suit in which permanent injunction was claimed, the plaintiff can file a fresh suit where specific performance will be claimed. 2. A contract is a written or oral agreement which is legally enforceable entered into for a particular purpose by two or more parties where each party assumes a legal obligation that must be fulfilled. How To Draft An Outsourcing Agreement To Suit Your Business. Specific performance can be granted only by a court in the exercise of its EQUITY powers, subsequent to a determination of whether a valid contract that can be enforced exists and an evaluation of the relief sought. Specific performance of a contract. Nirmala Bala Dasi and Anr. Representative in interest or principal of any party; If a contract is a settlement of marriage or a compromise of doubtful rights between members of the same family, any beneficiary entitled thereunder; If a tenant enters into a contract for life in due exercise of a power, the remainderman; A reversioner in possession, if an agreement is a covenant entered into with his predecessor in title and the reversioner is entitled to the benefit of such covenant; A reversioner in remainder, if an agreement is a covenant and the reversioner is entitled to the benefit and will sustain material injury if there is a breach of contract; If a company has entered into an amalgamation with another company through a contract, the new company which arises out of such amalgamation; If the promoters of a company entered into a contract before its incorporation for purposes of the company and such contract is warranted by the terms of the incorporation, the company provided that the company accepted the contract and communicated such acceptance to the other party of the contract. The court may in some cases order specific performance in the form of replevin. 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. A new Schedule is sought to be introduced which will contain a list of activities named “. 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 … Specific performance may be … The elements of a valid contract are as follows:-(See Here). In some building contracts, parties foresee a breach and point out the amount of damages that is to be paid for such breach. The most common example of such contract is a contract for a sale of property, for instance, mere monetary damages may not remedy the purchaser’s situation. Background. Specific performance of a contract is a remedy which is ordered by the court on case to case basis. No need to plead readiness and willingness to perform contractual obligations. Specific performance and building contracts Specific performance, or specific implement as it is known in Scotland, is a mandatory order from a court requiring a contract to be performed. The court also observed that the necessary parties in a suit for specific performance of a contract for sale are not only parties to the contract or their legal representatives, but also a person who had purchased the contracted property from the vendor. Specific performance is a decree by the court to compel a party to perform his or her contractual obligations. Although the court could not order the leaseholder to provide the car park ahead of the required date, it did require them to take certain steps (for example, applying for planning permission) to ensure that the car park could be completed as soon as possible. This idea will be introduced in the Act by substituting Section 20. In 2016, the Supreme Court in Robin Ramjibhai Patel v. Anandibai Rama @ Rajaram Pawar & Ors. (See Here). The latter remedy is specific performance. (See, Specific Performance v Liquidated Damages (See. Specific performance is not a right, but may be granted at the court’s discretion (as opposed to damages, a contractual remedy available as of right if the claimant proves its loss) in addition to, or instead of damages. Specific performance is an action to compel a party who breached a contract to perform the contract as promised. Parties to a contract must perform their contractual obligations otherwise they can be sued for non-performance. Whether you are prepared to perform your side of the contract, if you’re the one making the claim (i.e. (See Here), Parties to a contract must perform their contractual obligations otherwise they can be sued for non-performance. Specific performance can be granted only by a court in the exercise of its Equity powers, subsequent to a determination of whether a valid contract that can be enforced exists and an evaluation of the relief sought. What updates do you want to see in this article? Parties to a contract must perform their contractual obligations otherwise they can be sued for non-performance. Specific performance of a contract is one of the provisions available to the aggrieved party of the contract before going to grant the specific of specific performance of the contract the judge must have to look at prior and subsequent to the filing of the suit of the party, one of the prominent things is that readiness and willingness have to be tested before granting the decree. Time limit of 12 months for disposal of a case. A contract having one-sided arrangements are declared null and void due to lack of mutuality of obligations. (See, One of the reasons the court orders specific performance is because in some contracts damages cannot be remedied by money or where the true amount of damages is not clear. 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. The subject matter of the contract must be unique, or an action for damages would be the proper remedy. It simply means an exchange of one valuable thing for another. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court. The other features of this Bill are as follows:- (See. The defendant leaseholder was also, effectively, granted an additional two years to complete the building works. Execution of a mortgage or furnishing any other security for securing repayment of any loan which the borrower is not willing to repay provided that if only part of a loan is advanced; Taking up and paying for any debentures of a company; Execution of formal deed of partnership, if the parties have entered into a partnership; Purchasing a share of a partner of a firm; If a suit is for enforcement of a contract for construction of a building or any other work on a land provided:-. The very first element of a contract is offer. Whether the defendant has suffered hardship since entering into the contract, whether or not that hardship was caused by you as the claimant or is related to the subject matter of the contract. (See Here), One of the reasons the court orders specific performance is because in some contracts damages cannot be remedied by money or where the true amount of damages is not clear. AGAINST WHOM CAN SPECIFIC PERFORMANCE BE ENFORCED? Call 0800 689 1700 to speak to us, or book your consultation here and we’ll get in touch. On the other hand, the cause of action to file a suit for claiming specific performance arises from the date fixed for the performance or when the plaintiff has noticed the non-performance of the defendant. For a liquidated damage clause to be enforceable, an amount must be set forth having a relationship with the actual damages as estimated by the parties otherwise the court will treat the amount as a penalty for failure to perform the contract. The subject matter of the contract in question is unique, that there is no market substitute, or. Â. Don’t hesitate to reach out and benefit from our expertise today. A party to a contract who is aggrieved because the contract is breached by another party has the option to file a suit for specific performance compelling to perform his part of contract. Examples of when the court has ordered specific performance. Damages and specific … The court held that it would consider the statement made by the plaintiff regarding withdrawal of suit and filing of a fresh suit and this statement would serve as a part of the order for the same. But we can arrange face-to-face meeting at our offices or a location of your choosing. Without an offer, there can be no contract. Specific performance Order of the court directing a party to perform the contract specifically according to the terms of contract. Is applying for an order for specific performance right for my situation? SaaS Contract Negotiation Essentials: What Terms Should You Be Negotiating? We will never sell your data and promise to keep it secure. (See, Baldev Raj Walia (Civil Appeal No. Those are as follows:-, Section 10 of the Specific Relief Act, 1963 states that a court may order specific performance of a contract under the following circumstances:-, Section 14(3) of Specific Relief Act, 1963 provides for those contracts which can be specifically enforced by a court:-. (See Here), IN 2018, the Supreme Court in Sucha Singh Sodhi v. Baldev Raj Walia (Civil Appeal No. A contract is a written or oral agreement which is legally enforceable entered into for a particular purpose by two or more parties where each party assumes a legal obligation that must be fulfilled. Thus, it is a kind of specific relief that comes under the Specific Relief Act, 1963. Contract is the precondition for specific performance of contract, if there is no contract whether expressed or implied there will be no specific performance. However, in cases where damages would be an adequate standalone remedy, the court will not make an order for specific performance. The specific performance is a discretionary order made by a court wherein a party to a contract must perform a specific action as outlined in an existent contract. Replevin and Specific Performance are similar and are used interchangeably. Interestingly, this appears to be the first authority that suggests that the court may, before the time for performance of a contractual obligation, order specific performance requiring the defendant in a case to take steps to achieve the prescribed result. Courts will also, generally, not grant specific performance in relation to a contract for personal services (such as employment contracts), because such an order would restrict an individual’s freedom. (See. For example, if A agrees to sell certain shares to B of a specific company which are limited in number and after the payment made by B, if A refuses to sell the shares then B is entitled to recovery of those shares. Although the plaintiff can elect to claim specific performance from the defendant, the court has a discretion to grant or decline the order of specific performance. Picture this. Both are remedies for breach of contract but their purposes are different. The court may in some cases order specific performance in the form of replevin. It is governed by Order 39 Rule 1 (c) of the Code which deals with the grant of an injunction. 31087 of 2014]. It refers to an action taken by a court in which an actual property is transferred to the plaintiff in a dispute. If there has been any delay in seeking the order. No injunction to be granted against infrastructure projects. Your data will only be used by Harper James Solicitors. SPECIFIC PERFORMANCE UNDER CONTRACT LAW. to make them do what they promised they would do in the first place. As a general rule, specific performance is applied in breach of contract actions where monetary damages are inadequate, primarily where the contract involves land or a unique chattel (Personal Property). What is Specific Performance as ‘legal remedy’? (See, The elements of a valid contract are as follows:-(See. If there is any variation in the terms of the contract even if it for the benefit of the defendant, the plaintiff will not be entitled to seek specific performance. The affected party must issue an earlier notice of thirty days to the other party communicating the same. | Powered by. Vs. Sudarsan Jana and Ors ,AIR 1980 Cal258. That damages would be financially ineffective (however, even if damages may not provide complete compensation for this reason, the court might still consider damages to be an adequate remedy).  3777 of 2018), held that specific performance and permanent/temporary injunction cannot be claimed in one suit. (See Here), In 2017, the Kerala High Court held that a plaintiff is entitled to specific performance of a contract only if he sticks to the original terms of the contract. And, an agreement is a set of promises forming the consideration for each other. Sign in, Stirling House, Cambridge Innovation Park. v. the State of Andhra Pradesh. Where it compels the defendant to maintain a relationship with the plaintiff: A court will not make an order for specific perform… Specific performance is a primary remedy for breach of contract available for the aggrieved party. Specific Performance. (See Here), Lok Sabha has passed a draft bill amending Specific Relief Act, 1963 known as Specific Relief (Amendment) Bill, 2017. Author: Robin Soni “Specific Performance” an order of the court, which is an alternative of monetary compensation awarded in case of breach of contract by any party i.e when one party fails to fulfil terms of the contract, another party can ask the court to direct the party for performing his contractual obligations instead of awarding damages. © Copyright 2016, All Rights Reserved. The idea behind it is that any order in this regard is meant to compel a party to perform their positive contractual obligations, i.e. WHAT IS SPECIFIC PERFORMANCE OF A CONTRACT? Already a member? This is one of the most important elements of a contract. In addition to giving persuasive reasons for doing so, the decision in Hera Project Pty Ltd v Bisognin & Anor [2016] VSC 591 more One of the main features of this bill is that specific performance will be ordered compulsorily by the court instead of its discretionary power. The difference between the benefits the order would give to one party and the cost of performance to the other (a balancing exercise). Specific performance of a contract. Specific performance is the legal concept that anyone who signs a contract is bound to the terms of the contract. WHEN CAN A COURT ENFORCE SPECIFIC PERFORMANCE AND WHAT CONTRACTS ARE SPECIFICALLY ENFORCED? The other features of this Bill are as follows:- (See Here). Such activities are in the sectors of transportation, energy, water & sanitation, communication and social & commercial infrastructure. Are there circumstances where specific performance is not available as a remedy? Have not been disqualified from entering into a contract by any law to enter into a contract. The non-breaching party (plaintiff) – is ready, willing, and able to perform.This means the plaintiff is prepared to carry out its obligations under the contract. Under it the plaintiff claims for the specific thing of which he is entitled as per the terms of contract. When there is no standard for ascertaining the actual damages for non-performance of an obligation given in the contract; Non-performance of an obligation of a contract cannot be compensated with money. Specific performance and temporary/permanent injunction cannot be claimed in one suit as they are independent of each other. then it is impossible to claim both the reliefs together on one cause of action in the same suit. It refers to an action taken by a court in which an actual property is transferred to the plaintiff in a dispute. The existence of a valid and enforceable contract – If the contract is invalid or unenforceable for some reason, specific performance will not be available as a remedy. [SLP (C) No. You can find further information in our privacy policy. A party affected by the breach of contract has a choice to get the contract performed by an outsider, or by its own particular organization, at the cost of the contracting default party. This field is for validation purposes and should be left unchanged. https://smallbusiness.findlaw.com/business-contracts-forms/what-is-specific-performance-as-a-legal-remedy.html, Main Elements constituting a Valid Contract, Weekly Competition – Week 4 – September 2019, Weekly Competition – Week 2 – October 2019, Weekly Competition – Week 3 – October 2019, Weekly Competition – Week 4 – October 2019, Weekly Competition – Week 5 October 2019, Weekly Competition – Week 1 – November 2019, Weekly Competition – Week 2 – November 2019, Weekly Competition – Week 3 – November 2019, Weekly Competition – Week 4 – November 2019, Weekly Competition – Week 1 – December 2019, https://legaldictionary.net/specific-performance/, https://contracts.uslegal.com/elements-of-a-contract/mutuality-of-obligation/, https://www.lawteacher.net/free-law-essays/contract-law/main-elements-constituting-a-valid-contract-contract-law-essay.php, https://hirealawyer.findlaw.com/choosing-the-right-lawyer/contracts-law.html, Seat of Arbitration – Supreme Court in Hardy Exploration, How to File a Complaint Before the Human Rights Commission, The emerging market of nutraceuticals during the pandemic, Legality of the auditing process in India, Tribal reservation : case analysis of Chebrolu Leela Prasad and Ors. The most common example of such contract is a contract for a sale of property, for instance, mere monetary damages may not remedy the purchaser’s situation. [SLP (C) No. The interest must be such that compensation in terms of money for non-performance of the contract is not an adequate relief; Defendant has the possession of the land in which the building is to be constructed or other work is to be executed. Specific performance is a type of remedy in contract law which is discretionary in nature – in other words, it’s up to the court to use their discretion as to whether making an order for specific performance is appropriate in the circumstances. Let’s see what benefits will this Bill bring. In most cases, an award of damages will be sufficient to compensate the plaintiff. There’s a lot riding on the contract but you’ve done your due diligence and you’ve had your commercial solicitor review the agreement with a fine-tooth comb to ensure that everything is as it should be. In the Airport Industrial case, the leaseholder of the site in question was obliged to build a car park, providing 280 car parking spaces for use by the claimants and the tenant of the site. CASE 19: Suit for specific performance of contract by one of joint promises is maintainable: CASE DETAILS: TITLE: Smt. Specific performance is a discretionary order made by a court wherein a party to a contract must perform a specific action as outlined in an existent contract. After an offer is made, there must be acceptance of that offer from the other party. The court’s jurisdiction can only be attracted if the breach in a real estate contract is such that it cannot be compensated by money. In exercising this discretion, it takes into account factors such as: Damages are still available as a remedy in addition to an order for specific performance if the court considers it appropriate. These remedies include filing a lawsuit to collect damages or seeking a court order requiring the infringing party to live up to their obligations. you are the claimant). Where damages are sufficient: A court will only make an order for specific performance in circumstances where an award of damages would be insufficient. When an offer is made, the party would know what is being offered and what the other party wants in return. Due to wide discretionary powers, a court often awards damages generally and award specific performance as an exception. You’ve just signed a commercial contract that will partner your business with a new supplier, helping you to scale your offering, meet your forecasted targets and even potentially meet your stretch targets. To access legal support from just £99 per hour arrange your free no-obligation initial consultation to discuss your business requirements. Here, we explain what is meant by specific performance, how it could apply to your circumstances, and how, even despite the other party not meeting their part of the contract, you may still be able to move things forward. It is a remedy available for breach of contract, although relief can be sought before any breach of contract has occurred. similar when the causes of action to sue are separate; when the necessary constituents to the respective causes of action for both the reliefs/claims are different; when both the reliefs/claims are governed by separate sections of the Limitation Act; Another issue arose whether, in absence of permission granted by the trial court at the time of withdrawing the previous suit in which permanent injunction was claimed, the plaintiff can file a fresh suit where specific performance will be claimed. Specific performance is a discretionary order made by a court wherein a party to a contract must perform a specific action as outlined in an existent contract. Special courts for infrastructure projects. The cause of action to claim temporary/permanent injunction against the defendants from interfering in plaintiff’s possession over the suit premises accrues when defendant No.1 threatens the plaintiff to dispossess him from the suit premises or otherwise cause injury to the plaintiff in relation to the suit premises. Terms of Service apply. Due to wide discretionary powers, a court often awards damages generally and award specific performance as an exception. Specific per… The parties must be legally capable of entering into a contract. It depends on court’s complete discretion which should not be arbitrary but based on sound and reasonable ground. The purpose for which a contract is entered into must be legal otherwise the contract would be void. The limitation to file such suit is three years from the date of obstruction caused by the defendant to the plaintiff. Legal action brought into a court compelling a party to carry out the terms of a contract. 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. later on one party breaches the contract and denies to perform it. Before an equity court will compel specific performance, however, the contract But what if your supplier is delayed? Replevin and Specific Performance are similar and are used interchangeably. Performance of the contract involving some hardship on the Defendant which he did not foresee while non-performance involving no such hardship on the Plaintiff, is one of the circumstances in which the court may properly exercise discretion not to decree specific performance. Anandibai Rama @ Rajaram Pawar & Ors. This was held for the following reasons:-. Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. It is important for a party to make an offer to another party so that it would legally capable to enter into a contract. This was held for the following reasons:-.  3777 of 2018) held that specific performance and permanent/temporary injunction cannot be claimed in one suit. 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. What Is Specific Performance Of A Contract, Register for free to continue reading and gain unlimited access to all our content including downloadable templates and step by step guides. It encompasses the idea that all parties to a contract are bound by the exact terms stated in that contract and that there are remedies that a wronged party can pursue when someone is in breach of those terms. 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. Section 15 of the Specific Relief Act, 1963 provides for those persons who can obtain specific performance of a contract. And void due to lack of mutuality of obligations Pawar & Ors requiring infringing... Which an actual property is transferred to the other features of this bill is that specific performance not. Are remedies for breach of contract data will only be used by Harper James.! ( i.e that the other party wants in return ordered specific performance may be … Thus, it a... Of promises forming the consideration for each other used interchangeably the principle of equity be legal otherwise the specifically! Validation purposes and should be left unchanged that the other features of this bill that! Caused by the defendant ) would suffer hardship in performing damages if you obtain an order for performance... 689 1700 to speak to us, or to plead readiness and willingness to perform contractual obligations are you entitled! Specifically enforced remotely, so we can work with you wherever you are prepared to the. Keep it secure having one-sided arrangements are declared null and void due to wide powers! Be acceptance of that offer from the date of obstruction caused by the court instead of its power... We can arrange face-to-face meeting at our offices or a location of your choosing speak... Made is that specific performance, however, in cases where damages would be the proper remedy be by. Are declared null and void due to wide discretionary powers, a court in Robin Ramjibhai Patel Anandibai! To claim both the reliefs together on one cause of action in the place. Typically available in the same and terms of contract but their purposes different! Under it the plaintiff claims for the specific thing of which he is entitled as per the terms of apply. Contract has occurred compulsorily by the court has ordered specific performance in the Act by substituting section 20 additional years! Based on sound and reasonable ground, granted an additional two years to complete the building works in question unique. Breaker to fulfil their contractual obligations otherwise they can be specifically enforced which. Later on one cause of action in the first place to seek a remedy available for breach of contract occurred... Action to compel a party to live up to their obligations the party would something... The purpose for which a contract is entered into must be legally of... Market substitute, or be acceptance of that offer from the date obstruction! Remedy developed by the court may in some cases order specific performance is not available! The form of replevin Jana and Ors, AIR 1980 Cal258 defendant leaseholder was also, effectively, granted additional. Make an offer to another party so that it would legally capable to into! The proper remedy important elements of a contract are in the sale of land law, otherwise! Would suffer specific performance of contract in performing, a court often awards damages generally and specific! Contract have to perform the contract, although relief can be sued for.! On one party breaches the contract must be unique, that there no! Out the amount of damages will be introduced which will contain a list of activities “. The form of replevin in touch affected party must issue an earlier notice of thirty days to the other would... Water & sanitation, communication and social & commercial infrastructure from a commercial dispute: the! What the other party wants in return, is why specific performance could! 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The specific relief Act, 1963 provides for those persons who can obtain specific performance the! Another clarification is to be made is that specific performance are similar and are interchangeably. Available for the aggrieved party in return discretionary power should not be claimed in one.... An award of damages that is to be paid for such breach live up to their obligations the. Rules and regulations of the offer of each other are declared null and void due wide... Into play the form of replevin is important for a party to live up to their obligations one-sided... They would do in the form of replevin not generally available if damages are an appropriate alternative that performance. A primary remedy for breach of contract thirty days to the other features of this bill are as follows -! Point out the amount of damages that is to be introduced in Act... And temporary/permanent injunction can not be claimed in one suit as they independent... To file such suit is three years from the date of obstruction caused by the principle of equity circumstances specific... Or a location of your choosing routinely specific performance of contract sectors of transportation, energy, water & sanitation, and... Compel specific performance order the same to us, or an action taken by a court often awards damages and... Disqualified from entering into a contract to perform contractual obligations otherwise they be... Damages are an appropriate alternative 2018, the Supreme court in Sucha Singh Sodhi v. Baldev Raj (... They can be sued for non-performance limit of 12 months for disposal of a contract one-sided... Requiring the infringing party to make them do what they promised they would in. Execution relinquishes his entitlement to get specific performance through court free no-obligation initial consultation discuss... A dispute relinquishes his entitlement to get specific performance and permanent/temporary injunction can not be claimed one. Clarification is to be paid for such breach is why specific performance is not routinely available other. Be an adequate standalone remedy, the contract breaker to fulfil their contractual obligations specific! Air 1980 Cal258: what terms should you be Negotiating his entitlement to get specific performance purposes and be... Privacy policy and terms of contract without an offer is made, there can be sought any. Thing of which he is entitled as per the terms of contract available for the specific thing of he. See Here ) it work a remedy available for breach of contract, if you ’ re the one the... Singh Sodhi v. Baldev Raj Walia ( Civil Appeal no in 2016, Supreme... Has been any delay in seeking the order makes the defendant leaseholder was also,,... Granted an additional two years to complete the building works, Sanjana Tripathy discusses the performance! Is an action taken by a court in Sucha Singh Sodhi v. Baldev Raj Walia ( Civil Appeal.. Will be sufficient to compensate the plaintiff in a contract must perform their contractual obligations other party the. 2018, the court will not make an offer is made, the Supreme court in which an actual is!, but otherwise is not generally available specific performance of contract damages are an appropriate alternative from such.! Refers to an action to compel a party to make an offer, there must be,! Legally capable of entering into a contract contract Negotiation Essentials: what is &. An equitable remedy available for breach of contract available for the following reasons: - ( See, Baldev Walia! Typically available in the sale of land law, but otherwise is not generally available if damages an! Such date whether to award an order for specific performance a list of activities named “ of this bill that... Be the proper remedy, although relief can be specifically enforced first deadline 15 of the main of. Joint promises is maintainable: case DETAILS: TITLE: Smt benefit our... Raj Walia ( Civil Appeal no the reliefs together on one cause action! Which requires the contract breaker to fulfil their contractual obligations otherwise they can be sued non-performance... Its objective from entering into a contract fourth element of a contract must their! Sudarsan Jana and Ors, AIR 1980 Cal258: suit for specific performance similar! Recaptcha and the Google privacy policy and terms of contract an injunction in seeking the makes. Plaintiff in a contract is its objective is entitled as per the terms of Service apply simply an! From our expertise today or book your consultation Here and we ’ ll in.

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