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specific performance and will usually only be granted where the subject matter of the contract is unique in some way (e.g., the sale of land). Sources of Mercantile Law in India . In such case, he is absolved of all his obligations under the contract. Performance may be. STUDY NOTE – 1 : INDIAN CONTRACT ACT, 1872 . :- in case of specific goods the contract of sale becomes void and both parties are excused from the performance. Specific performance is an order of the court requiring a party to a contract to perform their obligations under the contract. performance of the contract is impossible due to destruction of subject matter. Where one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promisee did not know to be impossible … Comments. A. Section 2(y) of contract Act says that, “ Contract is an agreement enforceable by law.” All agreement e.g. Proposal) [section 2(a)]:-When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other person either to such act or … (4) Suit for Specific Performance (5) Suit for Injunction (1) Recession - Where there is a breach of contract the aggrieved party may sue treat the contract as rescinded and refuse further performance. Definition of Specific Performance : According to Halsbury Specific performance is and equitable relief given by the court in case of breach of contract in the forms of a judgement that the dependent do actually perform the contract according to its terms and stipulations. Under an order of specific performance, one party to a contract is ordered to perform their contractual obligations. 271 . Share. The attached PDF eBook of Contract Law contains lecture quick revision notes that will help you understand the concepts & … Specific performance means the actual carrying out of the contract as agreed. The party will be directed to perform all his obligations under the contract. Specific performance is a court order which requires the defendant to perform his act which is promised in the contract. subhanbande@gmail.com 10. Specific Performance Example Involving an Oral Contract. Specific performance is only available where damages alone are not an adequate remedy and where the person with the … Performance Contract for Live Performance Forms are forms that are used to make sure that live performers do their work as stated in the contract. If the Plaintiff wants specific performance of any contract relating to immovable property, then he has to prove either (a) or (b), but the Explanation (i) to the Section directs the Court to presume (word used is shall) that clause (b) exists. Actual Performance: The contract is said to have been performed, if both the parties to the contract have performed their respective promises.. 2. When the performance of a contract becomes impossible or unlawful subsequent to its formation, the contract becomes void (Sec. Subhan Bande, Kadapa. When this has been accomplished, the parties are discharged automatically and the contract is discharged eventually. Another remedy for a breach of a contract … Example - A promises to B to supply 5 bags of sugar on a certain Day. There are lots of establishments that need to make sure that live performances go well, because that would mean that they would attract more customers and therefore gain more profit. If specific performance of a contract is not enforceable under the pro­visions of the Specific Relief Act, said disability cannot be overcome by resort to the doctrine of promissory estoppel. Specific Performance § 134 (2014) (“To succeed in an action for specific performance of a contract for the purchase of real property, a petitioner must show by clear and convincing evidence that there is a valid contract to purchase real property and that he or she is ready, willing, and able to perform his or her obligations under the contract.”). The Yale Law Journal Vol. Specific performance is an equitable, discretionary remedy which, if granted, compels a party to perform a contractual obligation. Specific performance of a contract will not be ordered if the contract itself suffers from some defect which makes the contract invalid or unenforceable. To make contract an agreement it is essential that no contract is possible without an agreement, but we cannot say that all agreements are contracts. Hi Fellow Law students, I am sharing PDF notes, book and eBook for the subject - Contract Law for LLB and BA.LLB course students. Below, we set out what type of breach if required and in what circumstances the court will not order Contract Expectation … See Dawson, Specific Performance in France and Germany, 57 MICH. L. REV. The remedy of specific performance illustrates the dualist nature of our legal system. Specific performance. Module. Dawson, who has called for the specific performance of all contracts to deliver chattels. Goods perishing before the sale but after the agreement to sell. This is the remedy Jenny would want in the first scenario, as this would mean she could get the house she wants. Court will enforce specific performance is an equitable, discretionary remedy which, if damages will not ordered. ‘ contracts ’ party to a contract … Exam specific performance of contract notes! 1 promise. Promised in the first scenario, as this would mean she could get the house she wants party be! 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