Specific Performance of Contracts in India   

Introduction to Specific Performance

Specific performance is a remedy in contract law where the court orders the party to perform their contractual obligations. This remedy is used when damages are not an adequate remedy.

Legal Provisions for Specific Performance

  • Specific Relief Act, 1963: Governs the specific performance of contracts in India.

Conditions for Specific Performance in Contracts

  • Contracts must be specific and certain: Clear terms and conditions.
  • Mutuality: Both parties must be capable of performance.
  • No Adequate Remedy at Law: Monetary damages are insufficient.

Defenses Against Specific Performance

  • Impossibility: Performance is impossible.
  • Hardship: Performance causes undue hardship.
  • Unfairness: The contract is unfair or unjust.

Case Laws on Specific Performance

  • Lalman Shukla v. Gauri Dutt: Discussed the requirement for specific performance.
  • K. Narendra v. Riviera Apartments: Highlighted conditions where specific performance was denied.

Conclusion

Specific performance is a critical remedy in contract law, ensuring that parties fulfill their obligations when monetary damages are insufficient.

Other useful links:

Visit our publication page for detailed articles on contemporary legal issues and updates, including: Performance of Contracts in Indian Law, E-Contracts: Legal Validity and Enforcement in India

Corrida Legal is the preferred corporate law firm in Gurgaon (Delhi NCR) and Mumbai. Reach out to us on LinkedIn or contact us at contact@corridalegal.com/+91-8826680614 in case you require any legal assistance.

Leave a Reply

Your email address will not be published. Required fields are marked *

To Top