September 18, 2020 Case Law Reporter Supreme Court of India. Specific performance of a contract. If you need help with specific performance cases, you can post your legal need on UpCounsel's marketplace. Should a party default on his obligation, a court may issue an order for specific performance, requiring a party to perform a particular action. Share it with your network! Specific performance is used by the courts instead of compensatory damages when no other remedy will adequately compensate the other party. 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. 3. Its decision will be based on the concept of equity, meaning it will award specific performance only if monetary compensation will not solve the problem. In a breach of contract case, the court can consider ordering specific performance as long as the innocent party asks for that remedy. Hence, the statement of a cause of action in a suit for specific performance calls for two kinds of allegations: those that establish the right to recover for breach of contract, and those that are essential to the granting of the equitable remedy of specific performance. Hire the top business lawyers and save up to 60% on legal fees. Lamare v Dixon (1873) LR 6 HL 414 Case summary. T he Supreme Court in a recent judgment laid down requirements for the parties in their respective pleadings, and proof with evidence in accordance with law for the specific performance of a suit.. Specific performance is an action to compel a party who breached a contract to perform the contract as promised. Specific performance is one of the options available when monetary compensation is not sufficient to put the plaintiff in the same position as he or she would have been if the breach did not occur. The latter remedy is specific performance. Contracting parties should be allowed to resile from the contract and use damages as a remedy for breach of contract. Specific performance requires a party to take a specific action to essentially correct the breach of contract. Was this document helpful? ¶0 1. Specific performance Order of the court directing a party to perform the contract specifically according to the terms of contract. Contract law is a body of law that governs, enforces, and interprets agreements related to an exchange of goods, services, properties, or money. Equity. Replevin (also called “claim and delivery”) is a legal action in which actual property must be transferred to a party in a dispute, not compensatory damages. specific performance may be superior to the expectation measure applies to the degree that there is a chance that the expectation would be underestimated.10 In section 3 of the article, I review the contours of the use of specific performance versus damage measures in Anglo-American, French, and German contract law and relate Specific performance is a legal remedy. SPECIFIC PERFORMANCE UNDER CONTRACT LAW. This order emphasises the performance of contractual obligations. 2. Specific performance means enforcement of exact terms of the contract. to order specific performance of a contract, other than a contract relating to land i.e. This kind of remedy is known as specific performance. If you seek specific performance as a remedy in this case, then the party that breached the contract would be required to build the building up to 40 feet. In simple terms, replevin refers to a case in which one party has given a security deposit on a contract and the other party has not fulfilled its duty. If you or your business have suffered as a result of a broken contract, our business litigation attorneys are prepared to assist you in seeking the remedy you desire. Obtaining specific performance in contracts for the provision of goods and services. But something goes wrong during construction and, in the end, the building comes out to 35 feet. The obligation of parties to contract—The parties to a contract must either perform, or offer to perform, their respective promises unless such performance is dispensed with or excused under the provisions of this Act, or of any other law. 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