6 2. The court held that it could be specifically enforced by the Uncle’s personal representative (the Aunty) against the nephew. The defendant agreed to grant the plaintiff a mining lease over land he had just bought. The court distinguished Ryan v Mutual Tontine, where supervision of the execution of the undertaking had been required. Rectification and Specific Performance are what is called equitable remedies. Specific performance is a very complex area of law, and there are many circumstances which prevent the court from making such an order, including: Where damages are sufficient: A court will only make an order for specific performance in circumstances where an award of damages would be insufficient. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Related documents. 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 defendant, an actress, agreed (1) to act for the plaintiff and, at the same time, (2) not to act or sing for anybody else for two years without the plaintiff’s written consent, and (3) no other employment could be taken up during this period without the plaintiff’s consent. 18th Nov 2019 The reason being to refrain from the possibility of repeated applications to the court in order to secure compliance with the contract. The court stated that they had no power to make the defendant sing or encourage her to sing at the plaintiff’s theatre. "Specific performance implies an order compelling a party to perform some act or do some thing that is required under the contract." Specific Performance cases. It is a special remedy that is awarded by the court when no other remedy (such as damages) … This order emphasises the performance of contractual obligations. Specific performance is a unique remedy that may be available in some cases. Facts. Such orders are discretionary, as with all equitable remedies, so the availability of this Contract law – Privity of contract – Specific performance. Cases when specific performance is not granted. building construction contract. WHAT IS SPECIFIC PERFORMANCE? An equitable remedy available for breach of contract. According to Section 10 of Specific Relief Act 1963 in the following conditions specific performance of the contract is enforceable: … Basics of Specific Performance What are the responsibilities of the directors of a company in relation to a company‘s financial statements? Specific performance is a remedy that orders the breaching party to comply with the terms of the contract. Ryan v Mutual Tontine Assoc [1893] 1 Ch 116. In considering whether to grant specific performance the courts look to whether damages would be an adequate remedy, the type of contract and whether equity requires such an order. Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. A decree by the court to compel a party to perform its contractual obligations. One of the traditional areas where this type of remedy is available is in real estate transactions. ‘A’ and his mother ‘R’ sold their agricultural lands, measuring 3 acres and 25 acres in consideration of Rs. One of the remedies available on breach of contract is action of specific performance. When the plaintiff claims specific performance of a particular agreement, the suit could be decreed for specific performance of only that agreement, and not any other. Specific Performance: Overview. 1. The attorney can advise you about whether specific performance is a legitimate remedy for your dispute. Specific performance Practical Law UK Glossary 7-107-7288 (Approx. The bad actions of the plaintiff do not have to be criminal for relief to be denied. Such an order was found to be unjust as the sale would be at an undervalue, which would cause undue financial hardship to not only the seller but also to a third-party involved (the second mortgagee of the property). The court can issue an order compelling a party to comply with their contractual obligations – a good example being to complete building works on time. Specific performance can refer to any kind of forced action, though it is usually enforced so as to complete a transaction that had been previously agreed to. It was held that the plaintiff could get specific performance of what title the defendant had, plus damages based on the cost of discharging the encumbrance. '5 Three Specific performance is an equitable remedy available at the discretion of the judge. The vendor’s title to land was subject to an encumbrance which amounted to a breach of contract. Orders of specific performance are granted when damages are not an adequate remedy, and in some specific cases such as land sale. It was held that the court could in a proper case refuse specific performance on the grounds of hardship subsequent to the contract, even if not caused by the plaintiff and not related to the subject matter. If a plaintiff in a specific performance case has acted in bad faith or unfairly, they will not receive relief, regardless of the actions of the defendant. One of the traditional areas where this type of remedy is available is in real estate transactions. sudbrook eggleton ac (hl) facts: The determining factor is whether, in equity and good conscience, the court should specifically enforce the contract because the legal remedy of monetary damages would inadequately compensate the plaintiff for the loss. Where monetary compensation is an adequate relief. The demolition was carried out and plans for new houses approved. Where damages are an inadequate remedy: If the claimant could adequately be compensated by an award of damages for the breach of contract, the courts are unlikely to order specific performance. Sarah Omar. Academic year. Specific performance is ordered only on equitable grounds in view of all the conditions surrounding the particular case. That practice was based on sound sense, as such an order required constant supervision, was only enforceable by the quasi-criminal procedure of punishment for contempt and might cause injustice by allowing the plaintiff to enrich himself at the defendant’s expense if the defendant was forced to run a business at a loss. Specific performance is an equitable remedy that may be awarded, at the trial court’s discretion, for a breach of contract, Stafford v. S. Vanity Magazine, Inc., 231 S.W.3d 530, 535 (Tex.App.-Dallas 2007, pet. Still, there are nuances in how specific performance must be asked for and proven, as well as when it will be legally awarded, which depends on specific state statutes and case law. Comments. In case of breach of contract, the general remedy available to the aggrieved party is compensation or damages of loss suffered. In case of his failure, the other party will have a right sue for performance of the contract. An injunction is a remedy that prohibits a party from a particular act. CASE EXAMPLE. Where damages are sufficient: A court will only make an order for specific performance in circumstances where an award of damages would be insufficient. Specific performance is ordered only on equitable grounds in view of all the conditions surrounding the particular case. It is an order by the court requiring one party to perform their contractual obligation. To explore … VAT Registration No: 842417633. The party on whom this contractual obligation rests must not fails to discharge such obligation. Such orders are discretionary, as with all equitable remedies, so the availability of this remedy will depend on whether it is appropriate in the circumstances of the case. Required fields are marked *, Business law Commercial Law Introduction to law Revision, Cases when specific performance is granted and where its not granted. Take a look at some weird laws from around the world! Where the court cannot supervise the actual execution of the contract i.e. 75,000/-, to ‘S’ and his father ‘M’ under two sale-deeds, dated 17.4.1962. Awarding Damages. Specific Performance as Remedy | Stimmel Law ... Introduction: The Aunty was not a party to the contract. This is called ‘ … Specific performance is ordered only on equitable grounds in view of all the conditions surrounding the particular case. The nephew would have been unjustly enriched by being allowed to retain the entire benefit of the uncle’s performance without performing his own promise. Specific performance is almost never available for contracts of personal service, although … Specific performance. The plaintiff sought an injunction. Specific performance is the most accurate method of achieving the compensation goal of contract remedies because it gives the promisee the precise performance that he purchased. They fell out with the manager and wanted to replace him. Specific performance is a remedy for breach of contract which is most often used in transactions involving land and construction work. The vendor and her husband were co-owners of the house they contracted to sell in 1979. It was held that an injunction must be refused because to grant it would, in effect, compel The Troggs to continue to employ the plaintiff, and thus would amount to enforcing the performance of a contract for personal services. Specific performance is used by the courts instead of compensatory damages when no other remedy will adequately compensate the other party. Specific performance is an equitable remedy where the court orders the breaching party to actually perform on the contract. contract. In the High Court, it may be granted in addition to or instead of damages. Related Content. A contract is an agreement upon sufficient consideration to do or not to do a particular act. Should a party default on his obligation, a court may issue an order for specific performance, requiring a party to perform a particular action. The promise had no effect as a misrepresentation as it related to the future. The weakness in Elder’s argument becomes more apparent when we turn to the case law. The court refused specific performance to a buyer of a set of Hepplewhite chairs saying that they were ‘ordinary articles of commerce and of no special value or interest’. Helpful? Typically, specific performance will be awarded when damages are not an adequate remedy, as in cases where the subject matter of the contract is unique or where damages cannot be measured with reasonable certainty. However, the court could persuade her to do so by preventing her singing elsewhere by imposing an injunction to that effect. However, the section is not an exclusive right of a claimant because the court is given a discretionary power to award this remedy. Under current law, courts grant specific performance when they perceive that damages … In this case, the Court did not value the land on the date of the intended completion of the sale but at the date on which the purchaser failed to comply with a prior order for specific performance. PB was in poor health and agreed with the defendant, his nephew, that he would transfer the trade and good will of his coal business to him on the basis that the nephew employed him as a consultant for the rest of his life and paid him for this. In the High Court, it may be granted in addition to or instead of damages. The defendant then refused to continue. This is mainly due to the fact that 'specific performance' may be understood and dealt differently in common law and civil law jurisdictions, and which can give rise to difficulties in enforcement. University. Jur. The defendants leased a shopping unit for 35 years and covenanted to use it as a supermarket and keep it open during the usual hours of business. The plaintiff acquired land for an improvement scheme and sold part of it to the defendant, who covenanted to demolish houses on it and build new ones. specific performance cases (20 cases) adequacy of damages can claimant use monetary damages to obtain substitute from market? 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