Specific performance will not granted where compensation is enough relief. Damages may be considered to be an inadequate remedy. If it is difficult to quantify them. Thus, specific performance may be ordered of a contract to execute a mortgage for money advanced.

When can specific performance of a contract Cannot be enforced?

Specific performance of a contract cannot be enforced in favour of a person: (a) who has obtained substituted performance of contract under section 20 or (b) who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract …

When should specific performance be granted?

Specific performance is typically awarded when money cannot adequately compensate the injured party and when the contractual obligation is unique or difficult to value.

What is specific performance and when will it be granted?

Under the Specific Relief Act, 1963, courts grant specific performance when they perceive that awarding damages will be inadequate relief. Specific performance is deemed an extraordinary remedy, awarded at the court’s discretion.

Who can sue for specific performance of contract?

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. Remedy of specific performance which is affected in case of breach of contracts is provided by the equity courts.

Who can sue for specific performance under specific relief?

—A person entitled to the possession of specific movable property may recover it in the manner provided by the Code of Civil Procedure, 1908. Explanation 1. —A trustee may sue under this section for the possession of movable property to the beneficial interest in which the person for whom he is trustee is entitled.

How do I sue someone for specific performance?

A complaint for specific performance must allege: (a) the making of a specifically enforceable type of contract, sufficiently certain in its terms; (b) adequate consideration, and a just and reasonable contract; (c) plaintiff’s performance, tender or excuse for nonperformance of the contract; (d) defendant’s breach of …

Can a seller sue for specific performance?

When a buyer defaults, a seller has the option to sue for specific performance. This is an equitable remedy and an alternative to collecting monetary damages. Nevertheless, if a buyer has the financial stability to close on the home, specific performance may be enforced.

What is meant by specific performance of a contract?

Specific performance means fulfilling a promise made under a contract as agreed. 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.

What is specific performance of contract?

Specific performance asserts that parties to a contract are to perform the exact terms of the contract as they promised to do when then contract was signed. When the breaching party is found guilty of a material breach, the wronged party can pursue specific performance as a remedy to the breach.

What is the difference between specific performance and non-performance?

Parties to a contract must perform their contractual obligations otherwise they can be sued for non-performance. 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.

When does the court avoid specific performance of a contract?

The court will avoid specific performance in the following situations: It is impossible for the breaching party to fulfill the terms of the contract Strict adherence to the contract would harm the defendant The contract was created in bad faith, is invalid, or is unenforceable

What is a specific performance order?

Specific performance is a court order requiring a party in breach (or threatening to be in breach) of a binding contract to perform their obligations under the contract. It is a special remedy that is awarded by the court when no other remedy (such as damages) will adequately compensate the other party.