Specific Performance

speh-SIF-ik per-FOR-mans English law term derived from equity jurisprudence, referring to the exact fulfillment of contractual obligations

Definition

An equitable remedy whereby a court directs a party to perform their contractual obligations exactly as agreed, rather than paying damages.

Detailed Explanation

Specific performance is an extraordinary equitable remedy granted at the discretion of the court, compelling a party to execute the precise terms of a contract. Unlike damages, which compensate for breach, specific performance requires actual fulfillment of the contractual promise.

In India, the remedy is governed by the Specific Relief Act, 1963 (as amended in 2018). Section 10 provides that specific performance of a contract shall be enforced by the court subject to the provisions contained in Sections 11(2), 14, and 16. The 2018 amendment made specific performance the primary remedy rather than an exception, shifting from "may be enforced" to "shall be enforced."

The remedy is particularly significant for contracts involving immovable property, where damages are considered inadequate compensation due to the unique nature of land. Courts will not grant specific performance if the contract is vitiated by fraud, misrepresentation, or where monetary compensation can adequately remedy the breach.

Essential Elements

1 A valid and enforceable contract must exist
2 The plaintiff must have performed or be ready and willing to perform their part
3 Damages must be inadequate as a remedy
4 The contract terms must be certain and specific
5 The court must be able to supervise performance
6 There must be no bar under Section 14 of Specific Relief Act

Leading Cases

Kshitish Chandra Purkait v. Santosh Kumar Purkait

1997

(1997) 5 SCC 438

Relevance: Held that readiness and willingness to perform must be established throughout the suit

Sardar Singh v. Krishna Devi

1994

(1994) 4 SCC 18

Relevance: Explained that specific performance is an equitable relief and plaintiff must approach court with clean hands

N.P. Thirugnanam v. Dr. R. Jagan Mohan Rao

1995

(1995) 5 SCC 115

Relevance: Clarified the factors courts consider while granting specific performance of property contracts

Kamal Kumar v. Premlata Joshi

2020

(2020) 14 SCC 440

Relevance: Discussed the impact of 2018 amendment making specific performance the rule rather than exception

Usage Example

"The buyer filed a suit for specific performance after the seller refused to execute the sale deed despite receiving the full consideration."

Synonyms

equitable performance specific relief decree for performance

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