Specific Performance Law Essay

Specific Performance Law Essay-49
In most cases the standard solution for breach of contract is money reimbursement, however, in some special cases the court can assign the party to perform a specific performance or injunction.

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In most cases the damages are given to compensate the innocent (injured) party if its expectations have not been meet or if there is a loss of bargain.

The award for damages is a substitute remedy, which in common law is reflected by the monetary approach.

If the innocent party has been guilty of delay in seeking the remedies, it can be refused the reimbursement.

Paragraph 1 - Current Law Primary remedy is damages - aim is to put C in position as though contract performed (protect expectation interest) - limits to this e.g. Specific performance is secondary remedy available at courts discretion - limited to where damages are inadequate - other limits e.g. Paragraph 2 - Justification Two reasons: Paragraph 3 - Compelling justification?

Question no.12 :- Is specific performance of contract by Agent enforceable?

Answer:- An agent cannot personally enforce contracts entered into by him on behalf of his principal not is he personally bound by them in the absence of any contract to that effect. Question no.13 :- Can Legal representative enforce specific performance of contract?'consumer surplus cases' already gives damages for non-pecuniary loss - more accurately compensates for lost performance.Paragraph 5 - Conclusion Aim of contract law to protect performance - damages appropriate as primary remedy because of incentive provided by duty to mitigate and efficient breach theory - despite specific performance being the more obvious choice for protecting performance.Under current law, courts grant specific performance when they perceive that damages will be inadequate compensation. MANU/SC/0025/1996 : (1995) 5 SCC 115 at para 5, this Court held: …Section 16(c) of the Act envisages that plaintiff must plead and prove that he had performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than those terms the performance of which has been prevented or waived by the defendant.Specific performance is deemed an extraordinary remedy, awarded at the court’s discretion Sections 9-25 deal with specific performance of contracts: Basic rules. The continuous readiness and willingness on the part of the plaintiff is a condition precedent to grant the relief of specific performance. Related to a contract to sell chairs (very valuable chairs) ? The lease of a block of flats contained a convenant that the lessor would ensure that there was a porter that was constantly in attendance. The lessor appointed someone who was often absent and the plaintiff unsuccessfully sued for specific performance. Held that, due to the need for constant supervision by the court, specific performance should not be granted. C) what are the respective prejudices or hardships that will be suffered by the parties if the order is made/not made. Co Operative Insurance Society v Argyll Stores (HL) ? The terms of a lease between the parties contained a covenant that the defendants would employ a resident porter. The porter employed ceased to be resident in the building and the plaintiffs sued for specific performance. Held that, the rule is not absolute and like so many equitable rules require that there be a weighing of the circumstances - in this case the danger of repeated court applications must be weighed against the importance of protecting contractual rights. Whether or not an order of specific performance will be made appears to depend on the following considerations: A) is there a sufficient definition of what has to be done in order to comply with the court order and B) will enforcing compliance involved superintendence by the court to an unacceptable degree?Common law gives the option to the guilty party to either fulfil the contract or to pay the damages.The Equity law additionally gives the option of granting of specific performance and injunctions to restrain and actual or threatened breach of a negative stipulation.Question no.6 :- What are the defences avialbale to the defendant in suit for specific performance of contract? This circumstance is material and relevant and is required to be considered by the court while granting or refusing to grant the relief.Answer:- The Defendant may set up any one of the follwing defences in a suit for specific performance of contract. If the plaintiff fails to either aver or prove the same, he must fail.


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