defence in a suit for specific performance of a contract

0000003532 00000 n 7. 1. An extraordinary equitable remedy that compels a party to execute a contract according to the precise terms agreed upon or to execute it substantially so that, under the circumstances, justice will be done between the parties. Actions for specific performance are usually allowed with regard to a contract involving the sale of particular real estate; and a contract for sale of a particular business. 0000007222 00000 n … When you sue for breach of contract, you can generally sue for money compensation. Suit for specific performance of the contract has to be filed within a reasonable time and depends upon facts and circumstances of the case. � 0�������TIhշ�I�k�U%b���{��'5����ǂ!���Q��GJ$b��R'��^�٬�e��n0I��n�����etQX� �l1W�q�֏���s5z�k;q#Ƅi�P��uۀ�vL��G����xg���q_E�~{"鈗�ڌ�g�k4�C'��f��۠�ꦅV�" �e�S�w�aR���'�a' �� lU�x�m��+�]�x��""n=����|���j����,F13��:j6�k�5u8WS���S0� �����T��\M�s �#�UDR���Й���^H��F��("1N�1^�ky��?6'�9b��8- �P�� G��. 225 29 Specific performance is a remedy for breach of contract which is most often used in transactions involving land and construction work. endobj 8. In case of breach of contract, the general remedy available to the aggrieved party is compensation or damages of loss suffered. endobj xref 0000002224 00000 n 0000007901 00000 n startxref specific performance. H���͎�0��H}/�R'��8��LH 0000002125 00000 n In Chitty On Contracts 26th Edition at p.310 the authors underlined that the court would not allow the defendant to escape from his contract but may order specific performance of the contract. Severe Hardship. 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. <> The appellant felt aggrieved and filed first appeal before the high court. 0000002025 00000 n 1. Orders for specific performance come about after two parties have contracted with one another but one party has failed or refuses to perform as agreed in the contract. endobj Specific performance is an action to compel a party who breached a contract to perform the contract as promised. <>stream h�b```e``>"��������W�D*�e�f�vf�(�y����rLY��u��� ig�VU����U�RPV2T�Q������7�4261��6����5uusr���sptv����� 226 0 obj 0000007851 00000 n 0000007540 00000 n endobj 0000000876 00000 n SUIT FOR SPECIFIC PERFORMANCE OF CONTRACTS Specific performance means fulfilling a promise made under a contract as agreed. Specific performance of a contract is a discretionary relief so it will not be given where its effect would be to cause hardship amounting to injustice to either party or to an interested third party. Specific performance is a discretionary order made by a court wherein a party to a contract must perform a specific action as outlined in an existent contract. <<>> Where a Suit For Specific Performance Can Be Enforced? The most common reason courts grant specific performance is that the subject of the contract is unique, when it's not merely a matter of money or where the true amount of damages is unclear. 4. 0000002983 00000 n 0000001378 00000 n <> By judgment/decree, the trial court dismissed the suit. <> The Law of Specific Relief in India was originally codified by Specific Relief Act, 1877. 0000000016 00000 n (In Cause of action for suit for specific performance of contract for sale starts from last notice asking owner to execute sale- deed. The defendant did not enter into the agreement. 3. performed the following conditions-- -- (Conditions). <> 0000004097 00000 n 0000004684 00000 n 0000007434 00000 n trailer <> The agreement is 0000001889 00000 n The plaintiff respectfully states as follows : – Inducement: (1) Plaintiff is a Govt. A.B. Specific Performance § 134 (2014) (“To succeed in an action for specific performance of a contract for the purchase of real property, a petitioner must show by clear and convincing evidence that there is a valid contract to purchase real property and that he or she is ready, willing, and able to perform his or her obligations under the contract.”). 0000007117 00000 n Answer:- The Defendant may set up any one of the following defences in a suit for specific performance of contract. The defence of "no contract," whether explained on the ground of lack of mutuality or not, is as fatal to a bill for specific performance as it is to an action for damages for a … 0000005264 00000 n endobj 2. 6. 12. 0000001470 00000 n %%EOF 0000007650 00000 n The court can issue an order compelling a party to comply with their contractual obligations – a good example being to complete building works on time. enter into the agreement. endobj 234 0 obj endobj Specific Performance is mostly sought in case of a breach of contract resulting in damages or losses for one of the parties to the contract. What is specific performance? 0 <> Suit for Specific Performance of Contract to sell a residential plot. 232 0 obj <<97212AFF01AEB2110A00C0EE0351FC7F>]/Prev 723909>> Be aware, however, that specific performance is a rare remedy, especially from a seller. endobj Updated November 10, 2020: The format of suit for specific performance of a contract is a particular performance where it goes to court to seek a remedy instead of money. was not the not-- -- (alleged acts of part performance). Servant working in Delhi. <> Plaintiff’s unperformed part is large 5. <>stream 228 0 obj 229 0 obj The plaintiff has not What are the Remedies for Breach of Contract. Answer:- The Defendant may set up any one of the follwing defences in a suit for specific performance of contract. However, in some circumstances you can sue for “specific performance,” which means the judge orders the seller to actually go through with the contract and transfer the property to you. 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