The law relating to specific performance of contract is an essential aspect of contract law. It essentially deals with the ability of the court to force a party to perform their contractual obligations. Specific performance is a legal remedy that is available to the aggrieved party if the other party breaches their contract. It is an alternative to seeking monetary damages.
In simple terms, specific performance means that the court orders the party who has breached the contract to perform their obligations as per the terms of the contract. This remedy is usually sought when the subject matter of the contract is unique, and monetary damages are not sufficient to compensate the aggrieved party.
For example, if a party has agreed to sell a piece of land to another party, and subsequently backs out of the contract, the buyer can seek specific performance. This is because the land is a unique asset, and it may not be possible to obtain a substitute piece of land with the same characteristics.
The law relating to specific performance of contract is governed by the Specific Relief Act, 1963. The act provides for specific performance of contracts where monetary compensation is not an adequate remedy or where the subject matter of the contract is unique.
However, specific performance is not an absolute right. There are certain conditions that must be met before a court can order specific performance. These conditions include:
1. The contract must be valid and enforceable.
2. The aggrieved party must have performed or be willing to perform their part of the contract.
3. The subject matter of the contract must be unique and not readily available in the market.
4. The remedy of specific performance must not cause undue hardship to either party.
5. The court must be able to supervise the performance of the contract.
In addition to the above conditions, specific performance cannot be ordered in the following situations:
1. Where the contract is unlawful or void.
2. Where the performance of the contract involves continuous supervision by the court.
3. Where the contract involves personal services that cannot be performed by another person.
4. Where performance of the contract requires the exercise of personal discretion.
In conclusion, the law relating to specific performance of contract is a crucial aspect of contract law. It provides an alternative to seeking monetary damages and is particularly useful when the subject matter of the contract is unique. However, specific performance is not an absolute right, and the court will only order it if certain conditions are met.