Specific Performance :
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.
See >>> Who may obtain Specific Performance
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; or
(b) When the act agreed to be done is such that that compensation in money for its non-performance would not afford adequate relief.
Explanation
Unless and until the contrary is proved, the court shall presume. –
(i) That the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and
(ii) That the breach of a contract to transfer movable property can be so relieved except in the following cases: –
(a) Where the property is not an ordinary article of commerce, or is of special value or interest to the plaintiff, or consists of goods, which are not easily obtainable in the market;
(b) Where the property is held by the defendant as the agent or trustee of the plaintiff.
See also
1) What are the Rights of Purchaser ?
2) Remedies for Breach of a Contract
3) Difference between Mortgage and Lien
4) Distinction/ Difference between Bailment and Pledge
5) Distinction / Difference between General offer and Specific offer
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.
See >>> Who may obtain Specific Performance
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; or
(b) When the act agreed to be done is such that that compensation in money for its non-performance would not afford adequate relief.
Explanation
Unless and until the contrary is proved, the court shall presume. –
(i) That the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and
(ii) That the breach of a contract to transfer movable property can be so relieved except in the following cases: –
(a) Where the property is not an ordinary article of commerce, or is of special value or interest to the plaintiff, or consists of goods, which are not easily obtainable in the market;
(b) Where the property is held by the defendant as the agent or trustee of the plaintiff.
See also
1) What are the Rights of Purchaser ?
2) Remedies for Breach of a Contract
3) Difference between Mortgage and Lien
4) Distinction/ Difference between Bailment and Pledge
5) Distinction / Difference between General offer and Specific offer
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