SPECIFIC PERFORMANCE OF CONTRACT:
NATURE:
1. pecta sent servanda
2. equity imputes an intention to fulfil an obligation
MEANING:
3. EQUITABLE RELIEF:
according to HALSBURY’S LAWS OF ENGLAND Specific performance is equitable relief,
given by the courts to enforce against a defendant a defendant the duty of doing what
he agreed by the contract to do.”
4. EXACT PERFORMNACE:
ACCORDING TO BLACK'S LAW DICTIONARY: the remedy of equiring exact perfoemance of
contract in specific form in which it was made, or according to the prescribed terms agreed
upon.
DOCTRINE OF SPECIFIC PERFORMANCE:
ACC to Black's law doctionary: The doctrine of specific performance of contract is that where
money damages would be an inadequate compensation for the breach of an agreement, the
contractor or vendor will be compelled to perform specifically what he has agreed to do.
Analysis under section 12:
5. except as otherwise provided in this chapter”
6. Any contract:
oral
written
7. registration, the contact must be registered.
8. May in the discretion of the court:
it means that the court has the authority to decide whether or not to enforce the specific
performance of a contract based on the circumstances of the case. It's not a strict rule that
they must always enforce it; instead, they have the freedom to make a decision based on
what they think is fair and reasonable.
9. contracts in performance of trust:
It refers to a contractual agreement where one party promises to do something specific.
This could involve actions like building a house, delivering goods, providing a service, or any
other agreed-upon task or performance.
10. no standards for acsertaining the damages;
sometimes an article (like an object or item) might not seem very valuable by itself. But,
because of a special connection or a unique reason, it can become very valuable to the
person who owns it. This special value might not be easily measured like regular money or
objects.
11. precuniary compensation is in adequate relief :
When shares are limited in number and are not ordinarily available in the market, it is
quite proper to grant a decree for specific performance of a contract for the sale of such
shares
12. Pecuniary compensation not recoverable
13. Arbitration award u/sec 30of arbitration act
14. Execution of Testamentary Directions u/s 30
PARTIAL ENFORCEMENT u/sec 14,15,16,17
.
14. Partial Enforcement of Contract Where Part Left is Small :
If one party to a contract is unable to fulfill their entire portion, but the portion left unfulfilled is
relatively small compared to the total value of the contract and can be compensated monetarily,
the Court, upon request from either party, may enforce the completion of the feasible portion
of the contract and provide monetary compensation for the remaining deficiency."
15. Specific performance of part of contract where part unperformed is large.
If one party in a contract can't fulfill their entire obligation, and the part they can't do is a big
part of the whole contract, or can't be compensated with money, they can't ask the Court to
enforce the whole contract. However, the Court, if asked by the other party, can tell the
defaulting party to do the part of the contract they can do. But, in return, the requesting party
must give up any claim for the part that couldn't be done and any compensation for losses
caused by the default."
16-partial enforcement of independent part of contract.
When a part of a contract which is taken by itself, can and ought to be specifically performed,
stands on a separate and independent footing from another part of the same contract which
cannot or ought not to be specifically performed, the Court may direct specific performance of
the former part.
17-exception/bar
"The Court won't order the specific performance of just a part of a contract unless it falls under
one of the three previous sections we talked about."
OTHER PROVISION:
18-If someone sells or rents out a property they don't fully own, the buyer or tenant has
these rights:
(a) If the seller later gets full ownership, the buyer or tenant can enforce the contract.
(b) If others need to agree for the title to be valid, and they're supposed to agree, the buyer or
tenant can make the seller get their agreement.
(c) If the seller says the property is debt-free but it's actually mortgaged, the buyer can make
the seller pay off the mortgage.
(d) If the deal falls through because the seller doesn't fully own the property, the buyer or
tenant can get their deposit back, their costs, and claim a stake in the property."
19-Power to award compensation in certain cases:
When someone sues to enforce a contract, they can also ask for compensation if the contract is
broken.
If the Court decides not to enforce the contract but recognizes that it was broken and the
plaintiff deserves compensation, it will award compensation.
If the Court decides to enforce the contract but believes that compensation is also necessary, it
will award both.
The Court will decide how much compensation should be given."
20 Liquidation of damages not a bar to specific performance
If a contract is suitable for specific enforcement, it can be enforced even if it mentions a sum to
be paid in case of a breach, and the defaulting party is willing to pay that sum.
