Beruflich Dokumente
Kultur Dokumente
• Must be Presumptions
ready and
willing to Movable
perform Immovable Compensation
To get • Privity of Property Property for breach
a contract
decree • Plaintiff When property is
not an ordinary
has come article of
Jabalpur Cable
with clean Breach of contract commerce Netwrok Ltd. v.
hands cannot be relieved by ESPN Ltd
compensation in money
When defendant
is holding it as a TV Signals
trustee or agent
Sec 14: Contracts which cannot be specifically
enforced
• Where money is adequate relief
• Dependent on personal qualifications or volition of parties / Of
such a nature that court cannot enforce specific performance
in material terms
• Contract which is determinable
• Where performance involves continuous duty which the court
cannot supervise
Performance of Trusts : Sec 11
• Specific performance can be invoked
• By Trustees or Beneficiaries
• Part which cannot be performed = small • Part which cannot be performed = Big
• Part which can be performed = Big • Part which can be performed = Small
• Unperformed part can be compensated • Unperformed part can be compensated
adequately adequately
Specific performance of one part and Specific performance of one part and
compensation for the other compensation for the other
What if compensation inadequate
Only the party not in default may sue for part performance
Provided he relinquishes :
1) all claims for further performance
2) All rights of compensation on account of default
Right Of A Purchaser Or Lessee Against Person With
No/Imperfect Title
• Scope of sec 13: Limited only to sell or let
• Remedy of buyer and obligation of seller
• While entering into contract: imperfect title
subsequently: perfect title
• Concurrence/Conveyance of third party: to validate title
• Third party bound to concur at the request of vendor or
lessor
• where the property is mortgaged for the amount less than
the purchase money
Sec 17: Contract to sell or let property by one who has no title
cannot be specifically enforced in favour of vendor or lessor
Sec 15: Person for whom contracts may be
specifically enforced
• Who may obtain specific performance:
• Any party
• Representatives-in-interest
• Settlement on marriage, compromise between members of same family,
then any beneficiary
• Contract entered into by a tenant for life in due exercise of power, the
remainderman.
• A reversioner in possession
• A reversioner in remainder
• New company arising from amalgamation of a company
• Company against the promoters for contracts entered before the
incorporation of a company and accepted by company
Sec 16: Personal Bars to Relief
• Relief of Specific Performance cannot be awarded :
• If he would not have been entitled to compensation for breach
of contract
• If he is guilty of
– Became incapable of performing
– Has violated essential term of contract
– Has acted in fraud
• He has failed to proved that he has performed or has always
been ready and willing to perform
Sec 19: Relief against parties, legal representatives or
subsequent transferees
• Against either party
• Subsequent buyer “bonafide buyer??”
• Any person displaced by the defendant
• New company arising out of amalgamation of a company
entering into as contract
• Promoters of a company enter any contract before the
incorporation of company for the purposes of a company and
company accepts it, the company
Sec 20: Discretion and Power of Court
• Not to decree specific performance
• Binding on:
• Parties
• Persons claiming through them: reversioners, widows, sons, etc.
• When parties are trustees, then persons for whom the parties are
trustees
Injunction Temporary Perpetual
Mandatory
Kinds of Preventive Relief: Injunction Regulated By Sec 38, Specific
CPC Relief Act
For Protection of
Discretionary
Injunction to restrain
repetition or Interest in
continuation of breach Property
• Effect of non-compliance:
– Ratification
– Estoppel
– Art. 14
– Quasi-Contractual Liability