What is specific performance contract act

16 Aug 2017 Specific Performance defined and explained with examples. The term “specific performance” refers to literal performance of one's obligations under a contract. such a remedy was not initially permitted under common law. This book intends to deepen our understanding of the right to specific performance in contract law. It brings together sixteen contributions on various aspects of 

Performance, in law, act of doing that which is required by a contract. The effect of successful performance is to discharge the person bound to do the act from  This is called specific performance. Specific Performance: Overview. 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 Specific Performance: Liquidated Damages: Legal action brought into a court compelling a party to carry out the terms of a contract. Amount predetermined as total compensation by the parties to an agreement which an injured party should get if other party breaches a part of the 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.It is typically available in the sale of Robert David Uballe, but otherwise is not generally available if damages are an appropriate alternative.Specific performance is almost never available for

Specific performance. (a) Specific performance may be ordered: (1) if the agreement provides for that remedy, other than an obligation for the payment of money;.

Specific performance is an equitable remedy for a breach of a contract. In a suit for specific performance, the non-breaching party asks the Court to order the breaching If you want advice as to how the law might apply to the specific facts and  LAW ON SPECIFIC PERFORMANCE OF CONTRACT. Introductory:- A contract is an agreement upon sufficient consideration to do or not to do a particular act. Under German law, specific performance is generally available as the remedy for breach of contract, except for personal service contracts. I do not reach any  Defence to a claim for specific performance of a contract; Claiming for damages rather than requiring that there be a cause of action at law (Airport Industrial v  9 to 24, deals with specific performance of contracts. Specific performance essentially belongs to the Law of procedure because Sec.9 of the Specific Relief Act  title. 27A. Specific performance in case of part performance of contract to lease An Act to define and amend the law relating to certain kinds of Specific. Relief. Specific performance. (a) Specific performance may be ordered: (1) if the agreement provides for that remedy, other than an obligation for the payment of money;.

SPECIFIC PERFORMANCE UNDER CONTRACT LAW Author: Robin Soni “Specific Performance” an order of the court, which is an alternative of monetary compensation awarded in case of breach of contract by any party i.e when one party fails to fulfil terms of the contract, another party can ask the court to direct the party for […]

Specific performance grants the plaintiff what he actually bargained for in the contract rather than damages (pecuniary compensation for loss or injury incurred   Most commonly ordered in cases involving real property and rare chattels. wex. COMMERCE · contracts · wex definitions  The most common reason courts grant specific performance is that the subject of the contract is unique and adequate just relief requires more than a transfer of  Specific performance means fulfilling a promise made under a contract as agreed . A suit for specific performance can be filed by any party, in a court of competent   on 'efficient breach', are important for the choice of contract breach. remedy. Empirically we find that specific performance is almost never. claimed in Civil Law  the remedy of specific performance of the contract "provided that specific Philip: "Specific performance of contracts in South African law," 51 S.A.L.R. (1934) 

SPECIFIC PERFORMANCE AS A PRIMARY REMEDY IN THE SOUTH AFRICAN LAW OF CONTRACT. Download This Article. Jean Chrysostome Kanamugire.

Specific performance is a directive ordered by a court wherein a party to a contract must perform a specific action as outlined in an existent contract. 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. Specific performance of a contract. Specific performance is equitable relief, given by the court to enforce against a defendant, the duty of doing what he agreed by contract to do. Thus, the remedy of specific performance is in contrast with the remedy by way of damages for breach of contract, which gives pecuniary compensation for failure to In this article, Yash Kansal discusses Enforceability of Specific Performance of Contract. Introduction The Law of Specific Relief in India was originally codified by Specific Relief Act, 1877. The provision of this enactment was considered by the Law Commission in its Ninth Report which was later replaced by the present act of 1963. The Specific […] Specific performance will be granted where the contract involves a unique chattel; the court determines whether a chattel is unique. A rare stamp collection is a unique chattel for purposes of specific performance, whereas stock listed on the New York or American Stock Exchange is not unique. Antiques, heirlooms, or one-of-a-kind items are SPECIFIC PERFORMANCE OF CONTRACTS (SECTIONS 9 to 25) :- Specific performance of a contract means performing the contract as per the terms. and conditions agreed to between the parties to it, rather than payment of damages or compensation for the non-performance of the contract.

Specific performance is a directive ordered by a court wherein a party to a contract must perform a specific action as outlined in an existent contract. 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.

SPECIFIC PERFORMANCE AS A PRIMARY REMEDY IN THE SOUTH AFRICAN LAW OF CONTRACT. Download This Article. Jean Chrysostome Kanamugire. The United States may obtain specific performance. See, e.g., Bastian v. United States, 118 F.2d 777 (6th Cir. 1941), enforcing a contract to purchase land  Specific Performance The parties recognize that irreparable injury will result from a breach of any provision of  4 Laws of Malaysia ACT 137. CHAPTER II. SPECIFIC PERFORMANCE OF CONTRACTS. Contracts which may be Specifically Enforced. Section. 11. Cases in  the remedy of specific performance of the contract "provided that specific Philip: "Specific performance of contracts in South African law," 51 S.A.L.R. (1934)  Section 21 in The Specific Relief Act, 1963. 21. Power to award compensation in certain cases.—. (1) In a suit for specific performance of a contract, the plaintiff 

on 'efficient breach', are important for the choice of contract breach. remedy. Empirically we find that specific performance is almost never. claimed in Civil Law  the remedy of specific performance of the contract "provided that specific Philip: "Specific performance of contracts in South African law," 51 S.A.L.R. (1934)