What are specific performance orders?
If a party to a property agreement fails to comply with its obligations, the other party may wish to apply for an order for specific performance. Specific performance is an equitable, discretionary remedy which, if granted, compels a party to perform a contractual obligation.
What is specific performance contract law?
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. Most commonly ordered in cases involving real property and rare chattels. contracts.
What are the cases in which specific performance of contract is enforceable?
According to Section 10 of Specific Relief Act 1963 in the following conditions specific performance of the contract is enforceable: When there exist no standard for ascertaining actual damage: It is the situation in which the plaintiff is unable to determine the amount of loss suffered by him.
What is specific performance in simple terms?
Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead.
How do you defend against specific performance?
Mistakes and misrepresentations in the terms of a contract might constitute a defense against specific performance. If such mistakes are sufficient to justify RESCISSION of a contract, they are sufficient to prevent the enforcement of the contract. A court will enforce only a contract with definite and certain terms.
On what grounds is specific performance of contract enforceable?
When does a court order specific performance of a contract?
Section 10 of the Specific Relief Act, 1963 states that a court may order specific performance of a contract under the following circumstances:- 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.
When does the court grant a specific performance?
Specific performance is an equitable relief granted by the Court to enforce contractual obligations between the parties. It is a remedy in performance as opposed to a claim sounding in damages for breach of contract where pecuniary compensation is granted as relief for failure to carry out the terms of the contract.
Can a suit for specific performance of a contract?
In a suit for specific performance of a contract, the Court has to keep in mind Section 20 of the Specific Reliefs Act. This Section preserves judicial discretion to grant decree for Specific performance. However, the Court is not bound to grant specific performance merely because it is lawful to do so.
When is a specific performance of contract enforceable?
Section 10 of the Specific Relief Act, 1963, states “ Cases in which specific performance of contract enforceable. Except as otherwise provided in this Chapter, 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-
Can a court order specific performance of a contract?
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.
How to obtain a specific performance remedy in court?
In order to be granted a specific performance remedy by the court, the first thing you will need is a valid contract. The contract must be specific with clear and enforceable terms in the contract. Also, the subject of the contract you are seeking specific performance for must be unique.
When does a court enforce a specific performance?
Requirements for Specific Performance: Courts will enforce specific performance only if the underlying contract was “fair and equitable.” It is up to the plaintiff to demonstrate that the contract was an appropriate one, legal, with each party receiving fair consideration for performance.
What happens if you fail to comply with a specific performance order?
If a party fails to uphold their end of the bargain, they can be fined, held in contempt of court, or even arrested. Specific performance, very simply, is a court order that mandates everyone comply with the language of the written contract.