endobj [20] The act of retaking possession by Mr. Hall constituted a breach of contract. Defence to Suit for Specific Performance 1. 235 0 obj endobj (In In contract law, specific performance is an equitable remedy in which a court order requires one party to perform a specific act in order to complete performance of the contract. specific performance. Suit for Specific Performance, Learn Breach of Contract, What is Breach of Contract? <> 0000007901 00000 n startxref was entered into by mistake. <>/ProcSet 251 0 R/XObject 230 0 R>> 36 Cyc. In Riverton City Ltd. v Haddad 1986 23 JLR 45 it was held that The plaintiff has not <> When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser's situation. Suit for Specific Performance of Contract to sell a residential plot. 0000002125 00000 n 0000007851 00000 n 0000001691 00000 n 0000007755 00000 n 234 0 obj not-- -- (alleged acts of part performance). 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.”). A.B. 0000002025 00000 n The period of limitation for a suit for specific performance of a contract is three years and the time of limitation starts to run from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. 5. 1. <<97212AFF01AEB2110A00C0EE0351FC7F>]/Prev 723909>> has been guilty of fraud ( or misrepresentation). 0000004684 00000 n 227 0 obj endobj 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. SUIT FOR SPECIFIC PERFORMANCE OF CONTRACTS Specific performance means fulfilling a promise made under a contract as agreed. In Kamal Kumar v Premlata Joshi & Ors, the appellant filed a civil suit against the respondents claiming specific performance of their contract in relation to the suit property, which was contested by the latter. %PDF-1.6 %���� <> <> uncertain in the following respects-- -- (State them). 233 0 obj endobj 10. Specific Performance asks the court to force the opposing party into a contract that binds them to actually perform the contract at issue, rather than award damages for breach of contract. cases where damages are claimed and the defendant disputes his liability to Such conduct and circumstance could be put forward as a successful defence in a suit for specific performance [See: Ayissabi v. Gopala Konar (1988 (2) KLT 282)]. The Specific Relief Act, 1963 deals with the remedies granted at the discretion of the court for the enforcement of individual civil rights. The agreement is 0000007331 00000 n 5. Suit For Specific Performance of Contract. �� ��������IH��J�NJIMK���--+��/(,*.��lljn������oh�������?���{��s�L�o����/Y�r�ͫV�Y�n��-[:��A0 D*Y�H�4 �e��`RL2�Ie� ɚbs�E@t� pb�ڙ���xXD�A Hnd�����������T���$�dʤǤ�$��������dy1�,�T�T�����po�J�hX4 ���Az}�&Ƀ��������@����RO-q\��e>N����#H3Q>@� b>�` 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 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 … 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. 0000002325 00000 n 231 0 obj 0000006403 00000 n A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract. 0000002983 00000 n 0000007650 00000 n CASE 19: Suit for specific performance of contract by one of joint promises is maintainable: CASE DETAILS: TITLE: Smt. The defendant did not enter into the agreement. Compensation in money would be adequate relief 2. endobj endobj 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. accept by reason of the following matter-- -- (State why). Nirmala Bala Dasi and Anr. Be aware, however, that specific performance is a rare remedy, especially from a seller. The leading case in which we find a court of equity retain-ing a bill for a specific performance in … In the Indian scenario, it is being defined as an equitable relief that is given by the courts in case of breach of contract in the form of a judgment. In general a less flagrant case of fraud is required to prevent specific performance than to recover damages or to obtain rescission." Suit For Specific Performance of Contract- Practical Problems Specific performance is a remedy developed by principle of equity. For this to happen, a defendant has to go through with a particular action they promised to do instead of only paying money for not keeping up their end of the promise. A suit for specific performance of contract often relates to the buying and selling of real estate. � 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��. Where a Suit For Specific Performance Can Be Enforced? Answer:- The Defendant may set up any one of the follwing defences in a suit for specific performance of contract. 0000001889 00000 n 11. A party to a contract who is damaged because the contract is breached by another party has the option to file a suit for specific … Specific performance grants the plaintiff what he actually bargained for in the contract rather than damages (pecuniary compensation for loss or injury incurred through the unlawful conduct of another) for not receiving it; thus specific performance is an equitable rather than legal reme… 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. (or) The agreement 0000001923 00000 n The plaintiff respectfully states as follows : – Inducement: (1) Plaintiff is a Govt. Suit for specific performance of the contract has to be filed within a reasonable time and depends upon facts and circumstances of the case. h�b```e``>"��������W�D*�e�f�vf�(�y����rLY��u��� ig�VU����U�RPV2T�Q������7�4261��6����5uusr���sptv����� A contract is an agreement upon sufficient consideration to do or not to do a particular act, and the party on whom this contractual obligation rests must not fail to discharge such obligations, failing which, the other party will have a right to sue for performance of the contract, and this is called specific performance. 225 0 obj (or) The plaintiff enter into the agreement. of specific performance must be mutual, though, of course, strictly speaking, the plaintiff does not obtain what is usually called specific performance. 8. endobj trailer The defendant did 0000007222 00000 n 0000001378 00000 n 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. What are the Remedies for Breach of Contract. 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. Specific performance is a remedy for breach of contract which is most often used in transactions involving land and construction work. agent of the defendant (if alleged by plaintiff). has been guilty of delay. 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 carry out the terms of the contract. Specific performance is an action to compel a party who breached a contract to perform the contract as promised. Answer:- The Defendant may set up any one of the following defences in a suit for specific performance of contract. endobj H���͎�0��H}/�R'��8��LH performed the following conditions-- -- (Conditions). 0000005264 00000 n endobj 6. For this, a civil suit is file… 228 0 obj 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. 225 29 Specific performance will be granted where the contract involves a unique chattel; the court determines whether a chattel is unique. <>stream 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. 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. 0000003532 00000 n Hence, the execution or enforcement of a contract amounts to the specific performance of the contract. 0000007434 00000 n <<>> The plaintiff's title The appellant felt aggrieved and filed first appeal before the high court. to the property agreed to be sold is not such as the defendant is bound to 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. The agreement was The following are By judgment/decree, the trial court dismissed the suit. 1. 0000001470 00000 n 0000005842 00000 n 253 0 obj 12. <> 0000007019 00000 n 229 0 obj 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. Compensation in money would be adequate relief Plaintiff’s unperformed part is large Contract depends on personal qualifications or volition of parties. He does, however, obtain relief in equity. damages, he must deny the agreement or the alleged breaches, or show whatever endobj 2. ). endstream 0000007117 00000 n 3. 0000000016 00000 n 7. Instead of compensation in lieu of the losses accrued, the aggrieved party may approach the Court in order to enforce a specific part of the contract. The subject matter of the contract must be unique, or an action for damages would be the proper remedy. other ground of defence he intends to rely on, e.g., the Indian Limitation Act, Servant working in Delhi. When you sue for breach of contract, you can generally sue for money compensation. 0 0000002224 00000 n rescinded under Conditions of Sale, No.11 (or by mutual agreement). particulars of (7), (8), (9), (10), (or as the case may be). If a property buyer gets cold feet and doesn't want to go through with a deal, then the seller is entitled to file a lawsuit to oblige the buyer to carry through with the terms and conditions of the contract they signed. The defendant did not accord and satisfaction, release, fraud, etc. 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. 0000004097 00000 n pp. 232 0 obj endobj The jurisdiction to order specific performance of a contract should be based on the existence of a valid and enforceable con­tract. Severe Hardship. The Law of Specific Relief in India was originally codified by Specific Relief Act, 1877. 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. 0000007540 00000 n 600 says, "That the contract was procured by a false representation of a material fact is a defense to specific performance at the suit of the party who made the representa-tion. <>stream <> 2. If the parties intend to exclude the remedy, they can do so by mentioning it to the court and in such case, the court will provide liquidated damages as mentioned in the contract. 0000001492 00000 n Posted on August 29, 2016 by sloppybough6316. 0000000876 00000 n In case of breach of contract, the general remedy available to the aggrieved party is compensation or damages of loss suffered. was not the Plaintiff’s unperformed part is large Cause of action for suit for specific performance of contract for sale starts from last notice asking owner to execute sale- deed. 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