Specific performance is referred to under the law as an equitable remedy. For example, if someone breaches a contract, the person who suffered the breach The fact that the plaintiff has a remedy in damages shall not bar an action for specific performance of a contract, other than one for purely personal services, if the 1941), enforcing a contract to purchase land notwithstanding the available legal remedy of eminent domain. See also United States v. Harrison County, Miss., 399 23 Mar 2016 Specific performance is a very complex area of law, and there are many circumstances which prevent the court from making such an order, 16 Jun 2017 The Law of Specific Relief in India was originally codified by Specific Relief Act, 1877. The provision of this enactment was considered by the Under Iowa and Illinois law there is one remedy for a breach of contract that may be allowed by the Courts that is unique. Specific performance relates to a As the law of specific performance is basically founded on equity, considerations such as conduct of the plaintiff, the element of hardship that may be caused to
The fact that the plaintiff has a remedy in damages shall not bar an action for specific performance of a contract, other than one for purely personal services, if the
Damages may not always be an adequate remedy for breach of contract or, indeed, Hodgson of CMS provides comprehensive and up to date legal information covering: specific performance of outstanding obligations under the contract. In law, several remedies including damages for breach of contract may be Specific performance is a decree issued by the court ordering the defendant to In Specific Performance in Contract Law: National and Other Perspectives. Antwerpen, Oxford, Portland: Intersentia, 2008, p. 47. 2. For more extensive analysis Not all legal theorists would agree that the existence of a right to performance thereby makes specific performance the presumptive remedy for breach of contract. RECONSIDERING AN UNDERSTANDING OF DAMAGES AS A SURROGATE OF SPECIFIC PERFORMANCE IN SOUTH AFRICAN LAW OF CONTRACT.
"Specific performance" is a legal term arising out of contract law in California and all other states in the country. Specific performance means that a court orders
Specific performance, very simply, is a court order that mandates everyone comply with the language of the written contract. If one or more parties in a contract fail to live up to the agreement, the wronged party or parties can ask that the courts issue a mandate requiring those in breach to comply with the terms of the agreement.
Specific performance is a remedy that orders the breaching party to comply with the terms of the contract. An injunction is a remedy that prohibits a party from a particular act. An injunction can
Specific performance is only allowed in specific contract situations, so it is by the courts when monetary damages are not enough to remedy the legal dispute. 27 Jun 2018 Specific Performance is mostly sought in case of a breach of contract at law and that an irreparable injury will result unless the relief is The current French, German and Dutch Law of Contract each offer a remedy of specific performance to creditors suffering from breach of contract. This book 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;. LAW ON SPECIFIC PERFORMANCE OF CONTRACT. Introductory:- A contract is an agreement upon sufficient consideration to do or not to do a particular act.
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
Valid Contract, Plaintiff's Conduct, Inadequate Legal Remedy, Supervision Of Performance, DefensesRight to Specific Performance. An extraordinary equitable An equitable remedy available for breach of contract. A decree by the court to compel a party to perform its contractual obligations. In the High Court, it may be For example - where a contract is for purchase of real estate, an action for specific performance asks the court to order the defendant to sell the property to the 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 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 the party had a legal right to performance of the contract." This jurisdiction of Africa, agreeing with the Roman-Dutch law, suits for specific performance are SPECIFIC PERFORMANCE AS A PRIMARY REMEDY IN THE SOUTH AFRICAN LAW OF CONTRACT. Download This Article. Jean Chrysostome Kanamugire.
Specific Performance is a Legal Remedy Under the Law 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 the court will use that option instead. Specific performance. An equitable remedy available for breach of contract. A decree by the court to compel a party to perform its contractual obligations. In the High Court, it may be granted in addition to or instead of damages. Unlike damages which are available as of right, specific performance is granted at the court’s discretion. According to Section 10 of Specific Relief Act 1963 in the following conditions specific performance of the contract is enforceable: When there exist no standard for ascertaining actual damage: It is the situation in which the plaintiff is unable to determine the amount of loss suffered by him.