Performance Act, 1963. The Specific Performance will not be granted when damage will be calculated and by awarding compensation the Court satisfied that it will be adequate remedy to the plaintiff. FOLLOWING CONTRACTS CANNOT BE SPECIFICALLY ENFORCED (SECTION 14) The following contracts cannot be Specifically Enforced; 1. A contract for the non-performance of which compensation in money is an adequate relief and the damages will be appropriately estimated or measured; 2. A contract which dependent on personal qualification of parties under contract or otherwise that the Court cannot enforce Specific Performance of the contract; 3. A contract which is in nature is determinable; 4. A contract the performance of which involve continuous supervision by the Court and the Court cannot or not able to give time for the same; 5. A contract in which a provision already exist that in case of dispute the same will be decided through provisions of arbitration. Contracts which cannot be specifically enforced According to Section 14 of Specific Relief Act 1963, there are certain contracts which cannot be specifically enforced and these are: Where compensation in money is an adequate relief: Here the court will not order specific performance of contract as it is expected that the plaintiff will bank upon the normal remedy for breach of contract i.e. remedy of compensation. For example contract of mortgage of immovable property ( Rambai v. Khimji) ,
contract of sale of goods (Bharat v. Nisarali ) , contract of repair of premises etc. Where a contract runs into minutes or numerous detail: These contracts includes contract which depends upon the personal qualification or the violation of the parties or is of such nature that the court cannot enforce specific performance of its material terms. In Robinson Davison , it was held by the court that the contract to perform in concert depends upon the personal kill of defendant’s wife, and the contract cannot be specifically enforced due to her illness. The other example is construction contract where the detailed terms of contract are not explained. Contracts of determinable nature: Determinable contract means a contract which can be determined or revoked or put to an end by a party to the contract. For example in case of partnership at will any partner can retire by giving notice in writing to other partners and can dissolve the firm. Contracts which involve the performance of continuous duty which court cannot supervise: Earlier under Specific Relief act, 1877 the continuous duty which court cannot supervise is considered over a period of 3 years which was omitted under Specific Relief Act, 1963 and no time limit restricted for the performance of a continuous duty. These include contract of appointment of employees for continuous service or contract to execute sale deed every year.
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- Winter '17
- Law, specific performance