What is specific performance in breach of contract?Asked by: Maxwell Rodriguez | Last update: February 19, 2022
Score: 4.4/5 (21 votes)
Specific performance is a type of remedy for breach of contract in which a court orders the breaching party to perform their end of the bargain. Monetary damages are typically favored over specific performance as a remedy for breach of contract.
What is specific performance in a contract?
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 an example of specific performance?
Specific Performance: Overview
When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser's situation. Example: Rina offers to buy Beth's house and Beth accepts, but later decides to keep the property. ... Beth would be compelled to go through with the sale.
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.
How do you prove 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. Shreeve, 65 Ariz.
What is Specific Performance? Miami Breach of Contract Attorney Explains
Who can enforce specific performance?
“The specific performance of a contract shall be enforced by the court subject to the provisions contained in sub-section (2) of section 11, section 14 and section 16.” Comment: The amendment in Section 10 has now reduced the discretionary jurisdiction of the Court in granting specific performance of 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.
What is meant by specific performance?
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 are specific contracts?
Contracts which have certain specific features are known as specific contract. These types of contracts are distinct from other contracts. The Indian Contract Act, 1872 contains certain specific contracts such as bailment, pledge, indemnity, guarantee, agency etc.
How is specific performance enforced?
Courts will enforce specific performance only if the underlying contract was “fair and equitable.” It is up to the plaintiff to demonstrate that the contract was an appropriate one, legal, with each party receiving fair consideration for performance.
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 the difference between general and specific contract?
An offer made to a definite person or persons is known as specific offers. Such offers can be accepted only by such person or persons. ... An offer made to the world at large is known as a general offer. Such offers can be accepted by anyone but the contract is not entered into with the whole world.
What is GCC and SCC?
“GCC” means the General Conditions of Contract contained in this section. “SCC” means the Special Conditions of Contract. “The Purchaser” means the organization purchasing the Goods, as named in SCC. “The Supplier” means the individual or firm supplying the Goods and Services under this Contract and named in SCC.
What is a unilateral contract?
Definition. A unilateral contract is a contract created by an offer than can only be accepted by performance.
What is specific preference of contract?
Specific Performance of Contracts
Specific performance means enforcement of exact terms of the contract. Under it the plaintiff claims for the specific thing of which he is entitled as per the terms of contract.
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 a primary remedy?
It does not matter whether specific performance is stated as being a primary remedy or discretionary remedy. The courts in all jurisdictions must undergo similar balancing actions and consider the contrasting policy considerations in light of the individual circumstances of each case.
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."
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 ...
When can a contract be specifically enforced?
(1) Except as otherwise provided in this Act, specific performance of a [contract shall], be enforced when the act agreed to be done is in the performance wholly or partly of a trust. (2) A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.
What is GCC in procurement?
Procurement of Goods and Services from indigenous Suppliers.
What is tender document?
What is a tender document? A tender is nothing but an invitation to offer wherein the government, by way of a tender, invites offer from private entities in the form of a bid to supply goods and services to the government.
What is the process of bid?
The bidding process is used to select a vendor for subcontracting a project, or for purchasing products and services that are required for a project. ... The vendors analyze the bid and calculate the cost at which they can complete the project.
What is meant by specific offer?
A Specific offer is an offer that is made to a specific or ascertained person, this type of offer can only be accepted by the person to whom it is made. This concept was seen briefly in the case of Boulton v.
What is difference between general and specific?
A noun is specific when the writer wishes to talk about some thing or things in particular. A noun is general when the writer wishes to make a generalization about some thing or things.