What is Section 20 of specific performance?
Asked by: Wilhelmine Senger | Last update: June 27, 2026Score: 4.5/5 (66 votes)
Section 20 of the Specific Relief Act, 1963 (in India) primarily governs the substituted performance of contracts. Post-2018 amendment, it allows a party suffering from a breach to have the contract performed by a third party or their own agency and recover the actual costs from the party who broke the contract, after giving a 30-day notice.
What is Section 20 specific performance?
SECTION 20 OF SRA PROVIDES SPECIFIC PERFORMANCE. Section 20 of the Specific Relief Act, 1963(as it stood before amendment) provided that the court has the discretion to grant specific performance of contract and it is not bound to grant such relief solely because it is lawful to do so. “Substituted performance”.
What does specific performance mean in court?
Specific performance is a contractual remedy in which a court orders a party to fulfill their obligations as closely as possible to what was promised in the contract, rather than simply paying damages for failing to do so.
What is Section 20 of the Specific Relief Act 1877?
( ACT NO. I OF 1877 )
20. A contract, otherwise proper to be specifically enforced, may be thus enforced, though a sum be named in it as the amount to be paid in case of its breach, and the party in default is willing to pay the same.
What is Section 20 of the arbitration?
What is Section 20 of Arbitration and Conciliation Act? Section 20 specifies the seat of arbitration, where parties can determine the seat of arbitration, and the tribunal is given the authority to determine if parties don't.
SEC 20 OF SPECIFIC RELIEF ACT, 1877 I Liquidation of Damages not a Bar to Specific Performance
What is the Section 20 process?
A Section 20 consultation is a legal process in the UK that landlords must follow before carrying out certain types of work or entering into long-term agreements that tenants or leaseholders will be required to contribute to through their service charges.
What are the 4 types of contracts?
Four common types of contracts based on formation and legal characteristics are express, implied, unilateral, and bilateral contracts. These define how agreements are made, the obligations involved, and how they are enforced in business and daily life.
What are the disadvantages of specific performance?
The risks of specific performance
The most obvious concern with an order of specific performance is the possibility of intentional non-compliance or malicious compliance. The defendant ordered to deliver goods or perform certain work may cut corners or otherwise seek to subvert the court order.
What is specific performance in simple terms?
In simple terms, specific performance is a resolution in the court system for when someone breaches a contract. Also called a remedy, specific performance is enforced by a court or a judge, and requires a party to fulfill their contractual obligations.
What happens if someone doesn't comply with specific performance?
If someone already in breach of a contract refuses to fulfill the requirements established in an order of specific performance, a judge could declare them in contempt of court. There could be numerous other consequences for their continued failure to fulfill their contractual obligations.
Is section 20 serious?
Assault occasioning grievous bodily harm (GBH) under Section 20 of the Offences Against the Person Act 1861 is a serious offence that involves unlawfully and maliciously causing "really serious harm" to another person without the intent to cause such harm.
What is suit for specific performance?
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 are the 4 types of contract breaches?
There are four main types of breachof contract, each with different implications. Material, minor, anticipatory, and actual breaches vary in severity, timing, and legal consequences. Material breaches allow termination, while minor breaches typically allow compensation.
What voids an arbitration clause?
An arbitration agreement may also become “inoperative” if the parties mutually agree to litigate their dispute (or to submit it to a different form of dispute resolution), or where a party repudiated the arbitration agreement.
What are the grounds for challenging an award?
The Federal Arbitration Act (FAA) allows a party to move to modify or correct an award to effect the intent of the award and promote justice between the parties if (i) the award contains 'an evident material miscalculation of figures or an evident material mistake in the description of any person, thing or property', ( ...
What are the 5 types of arbitration?
The choice of arbitration type—domestic, international, ad-hoc, fast-track, or institutional—depends on the nature of the dispute, the parties' preferences, and the desired outcome. Domestic arbitration is ideal for disputes confined within India.
What is Section 20 in simple terms?
What is Section 20 accommodation? Section 20 of the Children Act 1989 requires children's services to provide accommodation to certain children in need in their area. Section 20 is used to house children who cannot live with their parents. There is no statutory limit on how long a child can be accommodated under s.
How long does a section 20 take?
How long does S20 take? For stages one and two, leaseholders must be given at least 30 days to reply with any comments. So even if estimates can be obtained quickly, S20 consultation will still take at least two to three months as a minimum.
What is a section 20 settlement?
Section 20 Settlement: A lump sum, full and final settlement-used when there's a dispute about the claim. Once paid, the case is closed permanently (no future medical bills covered).
What makes a contract legally binding?
A contract is legally binding if it contains five key elements: offer and acceptance (mutual assent), consideration (exchange of value), capacity (legal competence), legality (lawful purpose), and intent to create binding obligations. It does not always need to be in writing, but written documents are far easier to prove in court.
What are the 5 special contracts?
What are the 5 special contracts? The five special contracts under the Indian Contract Act are indemnity, guarantee, bailment, pledge, and agency. These contracts involve specific legal obligations and relationships between parties.
What are the four P's of a contract?
What are the 4 P's of a contract? The four components are parties, promises, performance, and price. These elements outline who is involved, what each side agrees to, how obligations are carried out, and what the cost will be.
What assets cannot be touched in a lawsuit?
Unless you take steps to protect them, most assets are not protected in a lawsuit. One of the few exceptions to this is your employer-sponsored IRA, 401(k), or another retirement account. At Bratton Estate and Elder Care Attorneys, our lawyers recommend putting an asset protection plan in place before you need it.
What are 6 things that void a contract?
We'll cover these terms in more detail later.
- Understanding Void Contracts. ...
- Uncertainty or Ambiguity. ...
- Lack of Legal Capacity. ...
- Incomplete Terms. ...
- Misrepresentation or Fraud. ...
- Common Mistake. ...
- Duress or Undue Influence. ...
- Public Policy or Illegal Activity.
What does it mean to be sued for specific performance?
Specific performance is an equitable remedy that compels a party to perform their contractual obligations rather than paying damages for breach. In the context of a real estate contract, that typically means a court orders the breaching party to convey (or accept) the property as promised.