How do you plead specific performance?

How do you defend against specific performance?

Laches: If the party seeking specific performance unreasonably delayed in bringing suit then their claim may be defeated by this defense. Undue Hardship or Burden: If the defendant can show that specific performance would create an undue hardship or burden on them then this defense may be successful.

Who may 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.

What is an action for specific performance?

As the Supreme Court ascertained in this case, the action is essentially for specific performance - a personal action - over which the court a quo had jurisdiction, it was therefore erroneous for it to have treated the complaint as a real action which prescribes after 30 years under Article 1141 of the New Civil Code.

What is a suit for specific performance?

A suit for specific performance of contract often relates to the buying and selling of real estate. 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.

When can specific performance not be granted?

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.

Can you claim specific performance and damages?

Therefore, in order to understand the interest a plaintiff can have in a grant of damages as a surrogate of specific performance one must understand the interest a plaintiff has in specific performance and the reason a court would grant this remedy, which has traditionally not received as detailed a treatment in legal ...

What is specific performance and when will it be granted?

Specific performance is an equitable relief granted by the Court to enforce contractual obligations between the parties. It is a remedy in performance as opposed to a claim sounding in damages for breach of contract where pecuniary compensation is granted as relief for failure to carry out the terms of the contract.

What does it mean to claim specific performance?

Specific performance is a primary remedy for breach of contract available for the aggrieved party. This order emphasises the performance of contractual obligations.

In which circumstances would a buyer most likely sue for specific performance?

In which circumstances would a buyer most likely sue for specific performance? The seller backed out of the original sales contract.

What could happen to a party that does not follow a court order for specific performance quizlet?

What could happen to a party that does not follow a court order for specific performance? Sanctions from the court or imprisonment.

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.

What is the court fees for specific performance?

2,30,40,000/- and for court fees at Rs. 4,50,000/-. If this suit, for the relief of specific performance, for purposes of jurisdiction had been valued at Rs. 4,50,000/- as required by law, the suit should have been instituted in the Court of the District Judge.

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.

What are the elements for specific performance?

Succinctly, specific performance is available when there exists: 1) a valid and binding contract; 2) definite and certain terms; 3) mutuality of obligation and remedy; 4) freedom from fraud and overreaching; and 5) lack of remedy at law.

When the plaintiff seeks the remedy of specific performance?

When the plaintiff seeks the remedy of specific performance, the plaintiff wants the other party to carry out the terms of the contract and not pay damages. If monetary damages would be an adequate remedy, then an action for specific performance is not appropriate.

What are the 3 remedies at law?

There are three types of equitable remedies: specific performance, injunction, and restitution.

Can specific performance be granted in breach of contract?

Obtaining Specific Performance in a Breach of Contract

When the breaching party is found guilty of a material breach, the wronged party can pursue specific performance as a remedy to the breach. Other remedies include collecting damages in the value of money determined by the court, or a settlement.

When a court orders for specific performance it is exercising its equity powers?

When a court orders for specific performance, it is exercising its equity powers. promise of each person is generally not held to be enforceable. Which of the following is a requirement for the acceptance of an offer to valid? A valid offer is one that is indefinite.

When can a court order specific performance of a contract?

(4) When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, the court may direct specific performance of the former part.

What are the 3 types of damages?