Consideration means that the other party would want something in exchange for doing something or abstaining from doing something at the promisorâs desire. 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. (See, Lok Sabha has passed a draft bill amending Specific Relief Act, 1963 known as Specific Relief (Amendment) Bill, 2017. Have not been disqualified from entering into a contract by any law to enter into a contract. The affected party must issue an earlier notice of thirty days to the other party communicating the same. 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. The other features of this Bill are as follows:- (See Here). Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. Whether any third-party rights would be affected. â. The purpose for which a contract is entered into must be legal otherwise the contract would be void. (See, Baldev Raj Walia (Civil Appeal No. 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. To access legal support from just £99 per hour arrange your free no-obligation initial consultation to discuss your business requirements. The court may in some cases order specific performance in the form of replevin. (See Here), Replevin means âclaim and deliveryâ. 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. AGAINST WHOM CAN SPECIFIC PERFORMANCE BE ENFORCED? 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. (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. 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. Rather than wait until that date, the claimant wanted to seek a remedy against the leaseholder with immediate effect. 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:-. What updates do you want to see in this article? The other features of this Bill are as follows:- (See. Specific performance is not a right, but may be granted at the courtâs 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 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. Such activities are in the sectors of transportation, energy, water & sanitation, communication and social & commercial infrastructure. Specific performance and temporary/permanent injunction cannot be claimed in one suit as they are independent of each other. you are the claimant). We mainly work remotely, so we can work with you wherever you are. However, as time passed by, the leaseholder had not started the work and it became increasingly obvious that there would not be sufficient time for the car park to be completed by the required date. 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