Tuesday, 15 February 2022

Specific enforcement of contract

 Specific enforcements of contracts : when allowed and when not allowed:

When contract may be specifically enforce (sec 10)

Before its amendment in 2018, S.10 provided that specified performance any contract could be enforced at the disretion of the court- 

  1. In case where there existed  no standards for ascertaining the actual damage caused by non-performance of the act agreed to be done.

  2. In cases where the act agreed to be done was such that compensation in money for its non performance would not afford adequate relief.

When contracts cannot be specifically enforced(sec 14)

  1. A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.(sec 11(2))

  2. Specific performance will not be granted when the party who suffers by the breach of contract has obtained substituted performance of the contract in accordance with s. 20 of the act. 

  3. Specific performance cannot be granted in the case of a contract the performance of which involves the performance of a continuous duty which the court cannot supervise.

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