Specific Performance of a Contract


Specific Performance of a Contract

What is meant by specific performance of a contract?

Specific performance of a contract means enforcement of exact terms of a contract. Under it the plaintiff claims for the specific thing of which he is entitled as per the terms of contract. 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 commonly used in the form of injunctive relief concerning confidential information or real property.

Which statute deals with specific performance of a contract?

The Specific Relief Act, 1963, specifically Chapter II of the Act deals with specific performance of a contract. It also lays down the types of contracts which cannot be specifically enforced as well as persons for or against whom contracts may be specifically enforced.

What is the purpose of the Specific Relief Act?

The Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated.

How do you claim specific performance?

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.

Can I invoke specific relief for criminal remedies?

Specific relief is to be granted only for enforcing individual civil rights and not for enforcing penal laws.

What contract can be specifically enforced?

No person can sue for specific performance if he cannot be sued for it, whether because he is minor or for any other reason. The contract to be specifically enforced must be mutual.

What is Doctrine of Mutuality?

The doctrine of mutuality means the contract must be mutually enforceable by each party against the other.

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