Specific performance is another form of equitable remedy that is usually ordered by the court in this case, the court will require a party to perform the act stated in the contract instead of awarding damages to the offended party. Specific performance can be used as a remedy in certain cases of breach of contract i’ll explain in a bit exactly what specific performance is as well as give an example of what type of case(s) it can be applied to. We will write a custom essay sample on remedies – contracts act 1950 specifically for you for only $1390/page order now it is available where a contract is voidable as a result of a vitiating factor such as misrepresentation, undue influence or duress it will not cover damages unlike specific performance, this is a court order.
Specific performance is the most accurate method of achieving the compensation goal of contract remedies because it gives the promisee the precise performance that he purchased'4 the natural question. Specific performance and equitable damages specific performance is a remedy developed by the courts of equity specific performance is inlight ofsemelhago, a purchaser seeking a remedy for breach ofa contract ofsale ofreal property, should at least consider whether the property is unique. Specific performance is an equitable remedy when the court orders specific performance, they are ordering one party to perform a contractual obligation specific performance is distinct from damages and from actions on debts as a remedy for breach of contract. Remediesthe holder, in addition to being entitled to exercise all rights granted by law, including recovery of damages, will be entitled to specific performance of its rights under this warrant.
Remedies: contract and specific performance essay sample currently, courts are largely limited to awarding loss-based damages for breach of contract, although performance can be ordered in some circumstances. Specific performance is an equitable remedy that requests the promised act be performed per the contract this is not to be confused with any monetary exchange, rather that the contract be fulfilled as agreed upon originally. Introduction of remedies for breach of contract remedies essay questions and answers, essay on breach of contract remedies for breach of contract definition home about contact contract law remedies essay the first remedy is suit for specific performance which means compelling the parties to perform exactly what they had agreed in the.
California remedies essay workshop professor christopher ide-don uc davis school of law chapter 1: approach issues tested (torts and contracts) o specific performance, rescission, reformation (contracts) o equitable defenses (torts and specific performance restitution-based remedies are based on unjust enrichment and include. Specific performance is an action to compel a party who breached a contract to perform the contract as promised the subject matter of the contract must be unique, or an action for damages would be the proper remedy. Specific performance specific performance is a judicial order to the promisor that he undertake the performance to which he obligated himself in a contract specific performance is an alternative remedy to damages and may be issued at the discretion of the court, subject to a number of exceptions. 11 buyer’s right to require performance under article 46 cisg article 46 (1) cisg provides the right of the buyer to compel performance in aforementioned article is stated that: “the buyer may require performance by the seller of his obligations unless the buyer has resorted to a remedy which is inconsistent with this requirement.
This is a sample of our (approximately) 6 page long specific performance notes, which we sell as part of the irish equity notes collection, a 21 package written at trinity college dublin in 2009 that contains (approximately) 87 pages of notes across 18 different documents. Alternative remedies under contract law are usually split into two categories - positive and negative specific remedies positive specific remedies place a duty on the defendant to act or do something, whereas negative specific remedies place a duty on the defendant not to do something the award of. Business law: chapter 10 (contract performance, breach, & remedies) remedy the relief provided for an innocent party when the other party has breached the contract. Contracts greenfield fall 2003 remedies for breach of contract a specific performance – an order from a court to a party to perform as promised b damages – an award of money a goals of contract damages performance contract law. Breach of contract and specific performance: the law in india and england essay by slowdancer , college, undergraduate , november 2005 download word file , 24 pages download word file , 24 pages 46 5 votes 1 reviews.
Remedies 2 i overview 1 determine the area of substantive law (may be more than one, normally torts, property or contracts) 2 make sure plaintiff has a case and a relief is needed 3 determine appropriate remedies (based on available remedies for that substantive area of law. C contracts remedies: reformation and rescission d equity (specific performance) scott pearce’s master essay method - contracts approach viii remedies law firm seeks specific performance of the 2001 contract this would require the court to force chris. There is a distinction between damages for breach of a contract which can only be claimed under the contract act and damages in substitution for specific performance the claimed under the contract act and damages in substitution for specific performance the claim for which s 19 of the specific relief act permits. Specific performance is a remedy that orders the breaching party to comply with the terms of the contract an injunction is a remedy that prohibits a party from a particular act an injunction can.
Specific performance: this is when the court forces the breaching party to perform the service or deliver the goods that they promised in the contract this is typically reserved for cases when the goods or services are unique and no other remedy will suffice. Project title: the seller's remedies for a breach of contract by the buyer: which avenue to follow [should the buyer commit a breach of contract the seller will have a personal remedy against the buyer for damages, and will also have possible remedies against the goods, ie lien, rights of stoppage in transit and rights of re-sale. Analyze the remedies for breach of contract ls311-4 – analyze the remedies for breach of contractcandie cardigan as a representative for cardware has decided to auction her strapless giraffe print dress made of silk, satin with velvet markings this particular dress was used in a movie filmed in s africa the dress had been show [.