Can you claim damages and specific performance?

Asked by: Hillard Mitchell  |  Last update: February 19, 2022
Score: 4.3/5 (67 votes)

In some cases, it is possible for a plaintiff to seek both specific performance and monetary damages if the claim is based on the same facts. ... It is not possible for the plaintiff to be awarded damages and the defendant ordered to perform under the contract through specific performance.

What are damages for specific performance?

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. 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.

Can a court award compensation along with specific relief?

The Court is of opinion that A has made a valid contract and has broken it, without excuse, to the injury of B but that specific performance is not the proper remedy. ... The Court may award A compensation for the non-performance of the contract, and may, if necessary, amend the plaint for that purpose.

What is specific performance under what circumstances will the court not order it?

If there is a condition precedent/subsequent to the obligation in question, then specific performance cannot be granted until this condition is satisfied. The court will not order performance where it would be futile or impossible to do so (e.g. forcing a party to sell something which the party does not own).

What are the limitations of using specific performance?

Specific performance is impossible. The contract is too vague to be enforced. The contract was terminable at will (meaning either party can renege without notice). The contract required constant supervision.


16 related questions found

Who can sue for specific performance?

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.

When can you claim specific performance?

However, recent developments have demonstrated that specific performance will usually be granted in employment contracts if there is equality of bargaining power among contracting parties and such order will not produce undue hardship to the defaulting party.

Is specific performance a cause of action?

Specific performance is an alternative equitable remedy to a cause of action for breach of contract. ... The equitable remedy sought in an action for specific performance is a court order requiring the defendant to perform the action he or she promised to perform.

How do you prove specific performance?

In order to obtain a decree for specific performance, the plaintiff has to prove his readiness and willingness to perform his part of the contract and the readiness and willingness has to be shown through out and has to be established by the plaintiff.”

Is specific performance a right?

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such to complete performance of the contract.

On what grounds is specific performance of contract enforceable?

The term “specific performance” referred to the literal performance of one's obligation under a contract. it cannot be a new obligation. In order to get an order of specific performance, the plaintiff must come with clean hands and he must be ready to perform his part of the contract.

What is suit for specific performance?

Specific performance is a remedy developed by principle of equity. 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 performance compelling to perform his part of contract.

How is specific relief different from other remedies?

Compensatory remedy includes damages, while specific remedy is enforced by directing a person to do or forbear the very thing which he or she is under an obligation to do or forbear. The remedy of specific relief may also be awarded in the shape of a declaration when no person is at fault.

When a suit for specific performance can be filed and what relief can be claimed in such case?

As per THE SPECIFIC RELIEF ACT, 1963 a plaintiff can claim compensation in addition to, or in substitution of a relief for specific performance in a suit for specific performance of a contract. It means as per old Act, compensation can be claimed as an alternative relief for specific performance.

Is specific performance an injunction?

The remedies of specific performance and injunction are similar, but the key difference is that while an order for specific performance orders a party to do something, an injunction orders a party not to do something. In other words, specific performance is a positive remedy whereas, an injunction is a negative remedy.

Does breach of contract excuse performance?

A contract case usually comes before a judge because one or both parties claim that the contract was breached. A breach of contract is a failure, without legal excuse, to perform any promise that forms all or part of the contract.

Who Cannot claim specific performance?

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 ...

Is legal notice mandatory in specific performance?

In case no such date is fixed for performance by both parties, then the limitation starts from the time when the plaintiff has notice that performance was refused by the respondent and this notice is mandatory.

When contracts can be and Cannot be specifically enforced?

Section 14 (c) : Contracts Involving Personal Qualification Cannot be Specifically Enforced. The following contracts cannot be specifically enforced, namely: "A contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms."

Is specific performance fair?

General. A Specific Performance Order is an order to perform a contract. As with an Injunction, it is an equitable remedy.

Is specific performance a remedy at 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.

When the remedy of specific performance is not possible what is the measure of damages in a case involving the sale of land?

When the remedy of specific performance is not possible, what is the measure of damages in a case involving the sale of land? The market price of the land. The market price of the land would be the measure of the compensatory damages in this case.

Who may obtain specific relief?

According to section 15 of the Specific Relief Act, 1963, specific performance of a contract may be obtained by:
  • any party;
  • the principle or the representative in interest, of any party;

When can an offer be revoked?

Whoever makes an offer can revoke it as long as it hasn't yet been accepted. This means that if you make an offer and the other party wants some time to think it through, or makes a counteroffer with changed terms, you can revoke your original offer.

What are the main points that are to be proved in a case under Section 9 of the SR Act?

A decree under section 9 can be passed when it is prove that the plaintiff was dispossessed from the property in dispute by the defendant otherwise than in due course of law, within six months of the institution of the suit and that in such a case the court has no jurisdiction to go in to the question of the title of ...