What is an specific performance in law?
A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm. Most commonly ordered in cases involving real property and rare chattels. contracts.
What is an example of specific performance in law?
A specific performance example is when a party defaults on its contractual obligation and is ordered by the court to fulfill said obligations. An alternative to the much more common award of monetary damages, specific performance is an injunction on a contract dispute often involving sensitive material or real estate.
What is the difference between an injunction and specific performance?
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 be temporary, preliminary or permanent. These two remedies are similar.
Which court has jurisdiction for specific performance?
The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court …
What is specific performance in simple terms?
Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead.
What are the elements for specific performance?
Succinctly, specific performance is available when there exists: 1) a valid and binding contract; 2) definite and certain terms; 3) mutuality of obligation and remedy; 4) freedom from fraud and overreaching; and 5) lack of remedy at law.
How do you prove specific performance?
To have a specific performance clause invoked, an injured party must prove that the contract is valid, that they have lived up to the terms of the contract, that the defendant could have done the same but did not do so, and that a monetary award is not sufficient. Specific performance is a type of equitable relief vs.
What are the limitations of specific performance?
Specific performance is impossible. The contract is too vague to be enforced. The contract was terminable at will (meaning either party can renege without notice). The contract required constant supervision.
Who can claim specific performance?
Specific performance means fulfilling a promise made under a contract as agreed. A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract.
Who can file a suit for specific performance of contract?
Specific performance is a remedy developed by principle of equity. A party to a contract who is damaged because the contract is breached by another party has the option to file a suit for specific performance compelling to perform his part of contract.
What are the 4 types of jurisdiction?
There are four main types of jurisdiction (arranged from greatest Air Force authority to least): (1) exclusive federal jurisdiction; (2) concurrent federal jurisdic- tion; (3) partial federal jurisdiction; and (4) proprietary jurisdiction.
What is the purpose of specific performance?
When can specific performance not be granted?
Specific performance will not granted where compensation is enough relief. Damages may be considered to be an inadequate remedy. If it is difficult to quantify them. Thus, specific performance may be ordered of a contract to execute a mortgage for money advanced.
Who Cannot claim specific performance?
Specific performance of a contract cannot be enforced in favour of a person: (a) who has obtained substituted performance of contract under section 20 or (b) who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract …
How do you prove specific performance of a contract?
In order to obtain a decree for specific performance, the plaintiff has to prove his readiness and willingness to perform his part of the contract and the readiness and willingness has to be shown through out and has to be established by the plaintiff.”
What are the 3 main types of jurisdiction?
The three main types of jurisdiction are known as territorial, personal, and subject matter. The geo-political levels of jurisdiction are often divided into regional, state, national, and international levels. Determining jurisdiction helps define how a case shall be tried, and at what level of the courts.
What are the 5 types of jurisdictions that may apply to criminal case?
Jurisdiction In Criminal Cases
- SUPREME COURT. ORIGINAL. EXCLUSIVE.
- COURT OF APPEALS. ORIGINAL. EXCLUSIVE.
- SANDIGANBAYAN. ORIGINAL. EXCLUSIVE.
- REGIONAL TRIAL COURT. EXCLUSIVE ORIGINAL.
- METROPLOITAN, MUNICIPAL, AND MUNICIPAL CIRCUIT TRIAL COURTS. EXCLUSIVE ORIGINAL.
In what cases specific performance will not be granted?
What is specific performance and when will it be granted?
Specific performance is an equitable relief granted by the Court to enforce contractual obligations between the parties. It is a remedy in performance as opposed to a claim sounding in damages for breach of contract where pecuniary compensation is granted as relief for failure to carry out the terms of the contract.
What are the 4 types of court jurisdiction?
The 5 Types of Jurisdiction That May Apply to Your Criminal Case
- Subject-Matter Jurisdiction.
- Territorial Jurisdiction.
- Personal Jurisdiction.
- General and Limited Jurisdiction.
- Exclusive / Concurrent Jurisdiction.
When can the specific performance be awarded?
(4) When a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, the court may direct specific performance of the former part. Explanation.
How do judges decide cases?
The trial judge’s decisionmaking must determine what are the facts and the proper application of the law to these facts. To bring order to the confusion of contested facts and theories of law, the trial judge decides cases by hypothesis or a series of tentative hypotheses increasing in certainty.
Can a judge change his own ruling?
The handing down of judgment in your favour is usually cause for celebration. In most cases such celebration is entirely appropriate. However, it might be premature, as until the final order following judgment is perfected by the court (by its being sealed) a judge is entitled to change his (or her) mind.
Can judges make any decision they want?
As dictated by the oath of office and the judicial code of conduct, the only promises a judicial candidate can make are to support the state and federal constitutions and the laws of this state and to be faithful and impartial in the performance of the duties of office.
Can a judge take back his decision?
Supreme Court has recently ruled that a Judge can recall the Order and change his mind even though the draft copy is signed and dictated in the open Court.