Specific Performance of Contract

In this Forum of Law, we will post the laws and discuss about the specif Relief Act and related law including the Temporary and permanent Injunction laws, Recovery matters, Declaration, Cancellation and specif Relief.

Specific Performance of Contract

Unread postby Admin » Tue Jul 31, 2012 12:14 pm

Specific Performance of Part of Contract where Part unperformed is small:

where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed bears only a small proportion to the whole in value and admits of compensation in money the court may at the suit of either party direct the specific performance of so much of the contract as can be performed and award compensation in money for deficiency.

Specific Performance of Part of Contract where Part Unperformed is large:

where a party to a contract is unable to perform the whole of his part of it. and the part which must be left unperformed forms a considerable portion of the whole or does not admit of compensation in money he is not entitled to obtain decree for specific performance. But the court may at the suit of the either party direct the party in default to perform specifically so much of his part of the contract as he can perform provided that the plaintiff relinquishes all claim to further performance and all right ot compensation either for the deficiency or for the loss or damages sustained by him through the default of the defendant.

Specific Performance of Independent Part of Contract:

when a part of a contract which taken by itself can and ought to be specifically performed stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed the court may direct specific performance of the former part.
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