The method sells those that were purchased last. This remedy is used when a party wishes to halt a particular act for a short period of time, usually while the party prepares a more formal lawsuit. Using the lot relief method can have a substantial impact on the amount of tax that must be paid when an asset is sold. A is bound to do something, which is specifically provided in contract. Specific performance of contracts: By ordering a party to do the act which he is under an obligation to do.
To cancel a document means the removal of written character of a record. After making full payment, B attains the right of acquisition of property. Claimant of title: Any person claiming title except transferee for value who has paid his money in good faith and without notice of the original contract. Rather, specific performance is only an appropriate judicial remedy when the recovery of monetary damages is inadequate to compensate the complainant. The object of this section is to provide special remedy so that persons having the possession or control of particular articles of movable property, although not their owner, may be compelled specifically to deliver them to the persons entitled to their immediate possession.
When it is granted: It is granted to prevent a person to commit breach of an obligation existing in favour of the applicant. He demands money from B , which A declines to pay. Where party is unable to perform the whole of his part of contract and the part so left is unperformed. The court decides that Arty should comply with the terms of his original contract with Andrea. Where there is a probability that pecuniary compensation if awarded cannot be recovered,specific performance may be granted, thus , insolvency of the defendant seems to be a ground for granting specific relief to the plaintiff. When issuing this type of remedy, the court commands the defendant to act, or to refrain from acting, in a certain way. The court agrees that Andrea can't acquire another comparable piece no matter how much money the court awards her.
Defenses A contract that is unenforceable because it has not complied with the an old , adopted in the United States, that requires certain contracts to be in writing cannot be enforced through specific performance. Contracts to sell property by one who has no title, or who is a voluntary settler f For whom Contracts can not be specifically enforced, except with a Variation. Interest of third person should not be infringed. Where contract of sale is made and purchaser was aware the fact about the right of third party, he cannot enforce contract specifically. Section 7 provides for the recovery of movable property in species i.
B then sues for the enforcement of specific performance of the contract writing. The object of this relief is that the parties may be restored or put back to their original position. That is, a non-breaching party is typically not entitled to recover both monetary damages and specific performance. A remedy is any court order that imposes a penalty or enforces a right. The party seeking injunction must possess some right which the opposite party is trying to invade ot there must exist anobligation in its favour whether contractual or otherwise in respect of which the opposite party is trying to commit a breach. The theory underlying the award of is different since they are imposed upon the defendant in order to deter or punish him or her, rather than to compensate the plaintiff.
It is granted during the case is pending. For example, A sues B to compel for specific performance of a contract to buy a dwelling house. Any of the shareholders may sue for aninjunction to restrain them. A perpetual injunction is granted only after the plaintiff has established his right and the actual or threatened infringement of it by the defendant; an interlocutory injunction may be granted at any time after the issue of the writ to maintain things in status quo. It is merely a declaratory provision and it declares that specific relief Act has to play complementary role only with the right conferred by civil law and it will not complement those cases where a pure criminal proceeding has been brought about merely for enforcing the right conferred by criminal law.
Let's take a closer look at the two main equitable remedies available for breach of contract. Scope of the Act: Specific relief Act is not exhaustive enactment as to contain the entire area relating to specific relief. It is only when the legal remedy is inadequate or defective that it become the necessary for Courts of Equity to interfere. What does the Specific Relief Act do? Where damages are not evaluated. The committee has asked for specific performance to be made the rule and not an exception. For instance, A agrees to let his house to B at rent Rs.
It turns out later that at the date of contract, horse had been died. Later on A refuses to perform his contract. Laches is applied only where enforcement of a right will cause injustice. In the context of a real estate contract, compliance with all terms of the contract means that the buyer who is seeking specific performance must prove an actual tender of the purchase price. Non-enforcement except with variation g Against whom contracts may be specifically enforced 27. Where a contract has been reduced into writing, in pursuance of a previous engagement and the writing, owing to fraud or mutual mistake fails to express the real intention of the parties, the court will ractify the writing instrument in accordance with their true intent. Is the worshipper entitle to maintain the declaratory suit.