specific performance of contract

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. WHEN CAN A COURT ENFORCE SPECIFIC PERFORMANCE AND WHAT CONTRACTS ARE SPECIFICALLY ENFORCED? 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. Whether you are prepared to perform your side of the contract, if you’re the one making the claim (i.e. 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. 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. 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. Specific performance of a contract. The court may in some cases order specific performance in the form of replevin. 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. (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. 31087 of 2014]. v. the State of Andhra Pradesh. 31087 of 2014] 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. The parties must be legally capable of entering into a contract. 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:-. The acceptance would mean that the other party is well versed with the rules and regulations of the offer. What updates do you want to see in this article? No need to plead readiness and willingness to perform contractual obligations. 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. 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. 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. Specific performance means enforcement of exact terms of the contract. Is applying for an order for specific performance right for my situation? 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. 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. Specific Performance. Before an equity court will compel specific performance, however, the contract Picture this. (See Here), Lok Sabha has passed a draft bill amending Specific Relief Act, 1963 known as Specific Relief (Amendment) Bill, 2017. Specific performance is an equitable remedy available for breach of contract which requires the contract breaker to fulfil their contractual obligations.. CASE 19: Suit for specific performance of contract by one of joint promises is maintainable: CASE DETAILS: TITLE: Smt. Section 15 of the Specific Relief Act, 1963 provides for those persons who can obtain specific performance of a contract. (See.  3777 of 2018), held that specific performance and permanent/temporary injunction cannot be claimed in one suit. Under it the plaintiff claims for the specific thing of which he is entitled as per the terms of contract. Specific performance may be … A contract having one-sided arrangements are declared null and void due to lack of mutuality of obligations. Due to wide discretionary powers, a court often awards damages generally and award specific performance as an exception. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been … The other features of this Bill are as follows:- (See Here). Parties to a contract must perform their contractual obligations otherwise they can be sued for non-performance. Where it compels the defendant to maintain a relationship with the plaintiff: A court will not make an order for specific perform… 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. It depends on court’s complete discretion which should not be arbitrary but based on sound and reasonable ground. You can find further information in our privacy policy. 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. © Copyright 2016, All Rights Reserved. It’s worth highlighting that you don’t necessarily need to wait until there has been an actual breach of contract before investigating this possible remedy, and there is some case law which supports that point – this will be discussed in more detail below. Basically this entire concept of specific performance arises from the fact that a contract exists.The statutory definition of a contract is that it is an agreement enforceable by law. In addition to giving persuasive reasons for doing so, the decision in Hera Project Pty Ltd v Bisognin & Anor [2016] VSC 591 more This idea will be introduced in the Act by substituting Section 20. Consideration means that the other party would want something in exchange for doing something or abstaining from doing something at the promisor’s desire. 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. Vs. Sudarsan Jana and Ors ,AIR 1980 Cal258. 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. It is important for a party to make an offer to another party so that it would legally capable to enter into a contract. Have not been disqualified from entering into a contract by any law to enter into a contract. Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. The Victorian Supreme Court has recently refused to grant an interlocutory injunction that would have had the effect of requiring specific performance of a contract. Sign in, Stirling House, Cambridge Innovation Park. Privacy Policy and 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. 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