What is meant by specific performance?
Asked by: Brandyn Ullrich Jr. | Last update: February 19, 2022Score: 5/5 (48 votes)
A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm.
What's meant by specific performance?
Meaning of specific performance in English
an order given by a court stating that a contract for work must be carried out exactly as it was written, rather than someone receiving money instead: An order for specific performance was granted since payment of damages would not have been adequate.
What is meant by specific performance who can claim it?
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 in law example?
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.
What is specific performance in business?
An order of specific performance requires a party to a contract to carry out its legal obligations under that contract. It is an equitable remedy which may be granted where damages would not be an adequate remedy for breach of contract. The remedy is often associated with contracts for the sale of land.
What is SPECIFIC PERFORMANCE? What does SPECIFIC PERFORMANCE mean? SPECIFIC PERFORMANCE meaning
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.
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.
What is specific performance in court?
A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm.
What is specific performance order?
Specific performance is an order of the court requiring a party to a contract to perform their obligations under the contract. Before the court makes an order for specific performance, a party must establish that there is a binding contract on foot and that the other party has breached.
Is injunction specific performance?
Injunction
Injunctions serve a similar purpose as specific performance. The difference is that with specific performance, the court orders a party to do something. With an injunction, the court often orders a party not to do something. An injunction may be permanent or temporary.
How do you claim specific performance?
Although the plaintiff can elect to claim specific performance from the defendant, the court has a discretion to grant or decline the order of specific performance. The discretion must be exercised judicially and does not confine on rigid rules. Courts decide each case according to its own facts and circumstances.
Who can claim specific performance of contract?
The party who has suffered because of the breach of the contract can avail this remedy and under Section 20, where he can substitute the performance through another party and when he does so he cannot claim any other remedy, but the section does not restrict the person to claim compensation from the party who has ...
Can you claim damages and specific performance?
specific performance of any covenant, contract or agreement it shall be lawful for the same Court if it shall think fit to award damages to the party injured either in addition to or in substitution for such specific performance & such damages may be assessed as the Court shall direct."
What is specific performance quizlet?
Specific Performance. An equitable remedy requiring the breaching party to perform as promised under the contract; usually granted only when money damages would be an inadequate remedy and the subject matter of the contract is unique (for example, real property).
What is specific performance in equity?
Related Content. An equitable remedy available for breach of contract. A decree by the court to compel a party to perform its contractual obligations. In the High Court, it may be granted in addition to or instead of damages.
What is the difference between specific performance and mandatory 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.
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.
Who won Lucy vs zehmer?
Conclusion: There was a binding contract for the sale of land. On appeal, the court reversed and remanded. The sellers' true intent in agreeing to sell their farm was not determinative so long as their words and actions warranted a reasonable person's belief that a contract was intended.
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 specific performance Malaysia?
Specific Performance means, 'a decree issued by the court that the defendant shall actually perform and carry out the promise that he has made, or the obligation, expressly or impliedly, cast upon him by the conduct between the parties'.
What is specific performance law teacher?
Specific performance is an equitable remedy that can be awarded for breach of contract, requiring the party to perform their obligations under the contract. 1. The general principle is that specific performance will only be awarded where damages would not offer a suitable remedy to the claimant.
What does it mean and include by specific performance of contract?
The term “specific performance” referred to the literal performance of one's obligation under a contract. it cannot be a new obligation. Specific Performance of Contract. 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.
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 ...
What is specific performance in part as per section 12?
(2) Where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed by only a small proportion to the whole in value and admits of compensation in money, the court may, at the suit of either party, direct the specific performance of so much of the contract as ...
On what circumstances specific performance can be enforced?
According to Section 10 of Specific Relief Act 1963 in the following conditions specific performance of the contract is enforceable: When there exist no standard for ascertaining actual damage: It is the situation in which the plaintiff is unable to determine the amount of loss suffered by him.