Cases In Which Specific Performance Of Contract Enforceable
- IJLLR Journal
- Jan 2, 2024
- 2 min read
Devnsh Shah, B.A. LL.B. (Hons.), NMIMS Kirit P Mehta School of Law
ABSTRACT
When parties enter into a contract and one of the parties fails to fulfill their contractual obligations, the other party may be entitled to seek recompense in the form of specific performance of contract. The Specific Relief Act 1963, India provides a statutory remedy to aggrieved parties, which entitles them to ask for an order that is made by the Court directing one or both of the contracting parties to perform their part of the agreement.The Specific Relief Act 1963 is a law in India that provides for specific remedies for breach of contract. It is a central legislation that governs the specific performance of contracts and other reliefs in India.The Act provides a comprehensive framework for the enforcement of contracts and the grant of specific reliefs in cases of breach of contract. The main objective of the Act is to provide an effective remedy for the enforcement of contracts in cases where monetary compensation is not sufficient or adequate.Specific Performance of Contract is a discretionary remedy granted by the Court under the Specific Relief Act, 1963 in India. This remedial measure is available for both movable and immovable property, as well as for personal services. It is an equitable remedy which means that the court has the discretion to grant or deny this remedy based on the facts and circumstances presented by each case. Under this act, specific performance is an equitable remedy that is granted in certain circumstances, allowing an aggrieved party to secure a court order requiring another person or business to honor their promise as stated in the contractual agreement. In this research paper, we explore cases in which specific performance of contract is enforceable under Indian law. We will look at the research methodology and review existing literature on this issue before analyzing two landmark judgments in detail and concluding with our opinion
on this matter.
