What actions qualify as 'part performance'?
Asked by: Dillon Rohan | Last update: January 26, 2026Score: 4.8/5 (7 votes)
Part performance actions are acts done in reliance on an oral contract (especially for land) that are so significant and clearly linked to the agreement, they prove it existed, allowing courts to enforce it despite the Statute of Frauds; key examples include taking possession, making valuable improvements, and paying part of the price, often needing a combination of these, like possession plus improvements, to overcome the lack of writing.
What actions qualify as 'part performance'?
Requirements For Part Performance
Not every action taken under an oral agreement qualifies as part performance. Acts Must Be Referable To The Contract: Your actions must point unmistakably to the existence of the specific contract you're claiming. They can't be explained by any other reasonable interpretation.
What is an example of part performance?
Further examples of where part performance is often recognised include: Taking possession of title deeds (for deposit) Improvements made to property. Taking possession of land.
What are some examples of part performance cases?
Real-world examples
Example 1: A homeowner verbally agrees to sell their house to a buyer. The buyer then invests in renovations and improvements, believing the sale is forthcoming. If the homeowner later refuses to sell, the buyer may invoke the part-performance doctrine to enforce the agreement.
What's the evidentiary standard for part performance?
The three examples of proof under the part performance doctrine are: (1) Where the buyer pays a part of the purchase price and has taken actual and exclusive possession of the property; (2) Where the buyer has made permanent, valuable, and substantial improvements to the property with the consent of the seller; and (3) ...
Doctrine of Part Performance - Section 53A - YG Law
What is the law of part performance?
Part performance arises when a party has acted in pursuance of a contract in circumstances where it would be unconscionable for the counter-party to resile from his or her obligations by relying on the absence of certain formalities.
What is the doctrine of part performance under section 53a?
Part performance. -- Where any person contracts to transfer for consideration any immoveable property by writing signed by him or on his behalf from which the terms necessary to constitute the transfer can be ascertained with reasonable certainty, and the transferee has.
What is the difference between partial and substantial performance?
Partial performance must be accepted by the other party.
In other words, the party who is at the receiving end of the partial performance has a genuine choice whether to accept or reject. Substantial performance, on the other hand, is legally enforceable against the other party.
What contracts Cannot be specifically performed?
(1)The following contracts cannot be specifically enforced, namely:— (a)a contract for the non-performance of which compensation in money is an adequate relief; (b)a contract which runs into such minute or numerous details or which is so dependent on the personal qualifications or volition of the parties, or otherwise ...
What is the partial performance exception to the Statute of Frauds?
Definition of part-performance doctrine
It acts as an exception to the Statute of Frauds, designed to prevent fraud or severe hardship when one party has already invested substantial time, money, or effort based on a verbal commitment.
What role does equity play in part performance?
Significantly, the doctrine of part performance is based on principles of equity, in particular, recognition of the fact that the purpose of the Statute of Frauds is to prevent frauds, not to enable a party to perpetrate a fraud by using the statute as a sword rather than a shield.
What is a partial performance?
Partial performance refers to a situation where one party in a contract has begun to fulfill their responsibilities, but hasn't completed all the terms outlined in the agreement. In many cases, the other party may still be required to uphold their end of the deal, even though the contract is not fully executed.
What is an example of a performance issue?
1. Missed deadlines. 2. Errors due to inattention or poor judgment.
What is an example of part performance of a contract?
The doctrine of part-performance, if a person has taken possession of an immovable property on the basis of a contract of sale and has either performed or is willing to perform his part of the contract, he cannot be evicted from the property because the sale was unregistered and the legal title has not been transferred ...
What is an equitable action for specific performance?
Specific performance is an equitable, or non-monetary, remedy for breach of contract. When used, this remedy's goal is to produce the same result, or to put parties in the same position, as if the contract had been performed as the parties intended.
What are the three types of performance of contracts?
Three types of performance could occur in your contract: actual, substantial, and perfect. Actual Performance: An actual performance is one where both parties have fulfilled their obligations as set out in the contract. It usually occurs when goods or services are delivered following the terms agreed upon.
Under what circumstances is specific performance not available as a remedy?
An order of specific performance is generally not granted if any of the following is true: Specific performance would cause severe hardship to the defendant. The contract was unconscionable. Money damages are an adequate remedy.
What are examples of specific performance?
A specific performance example is when a party defaults on its contractual obligation and is ordered by the court to fulfill said obligations. An alternative to the much more common award of monetary damages, specific performance is an injunction on a contract dispute often involving sensitive material or real estate.
Is specific performance better than damages?
Specific performance is not an absolute right. It is a discretionary, equitable remedy awarded only in circumstances where damages are inadequate. Judges exercise significant judgment in deciding whether to grant it.
What does part performance mean?
[91] Part performance is that somewhat mysterious doctrine which permits contracts for the sale of land to be enforced, notwithstanding their non-compliance with the Statute of Frauds 1677 (Imp). The relationship between part performance and statute over more than four centuries is deeply intertwined.
What qualifies as substantial performance?
Terms: Substantial Performance: Performance of the primary, necessary terms of a contract that fulfills the essential purpose of the contract so that, even if the performance does not precisely match the terms of the agreement, the performance will be considered complete.
Does material breach excuse performance?
A material breach excuses performance by the non-breaching party and may provide a basis to rescind the agreement altogether. An immaterial breach does not excuse performance by the non-breaching party, as one Kansas homeowner learned in a decision released last week.
What is the exception to part performance?
Exception to the doctrine of part performance
This means that the provision will not be applicable to bona fide transferees who, after entering into a contract, are unaware of the terms of the contract and its part performance by the transferor. The Supreme Court in the case of Hemraj v.
What is the principle of part performance?
A doctrine of equity that a contract required to be evidenced in writing will still be enforceable even if it is not so evidenced provided that one of the parties does certain acts by which the contract is partly performed.
What is the partial performance clause?
Partial performance refers to a situation where a party fulfills only some of their contractual obligations. While courts recognize partial performance, it often isn't sufficient when the unfulfilled obligations are central to the contract.