Specific Performance
/spəˈsɪfɪk pəˈfɔːrməns/
Legal Remedy
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Definition
Equitable remedy compelling performance of contractual obligations. Granted where damages are inadequate. Specific Relief Act 1963 (India).
Jurisdiction: InternationalEtymology
From English contract law, largely codified in India by the Indian Contract Act, 1872. Roots in Roman law concepts of obligatio and later English equity principles.
Examples
Case Study
In Saradamani Kandappan v. S. Rajalakshmi (2011), the Supreme Court held that a plaintiff seeking specific performance must demonstrate readiness and willingness to perform throughout — from the date of contract to the date of decree.
Key Cases
Saradamani Kandappan v. S. Rajalakshmi
2011(2011) 12 SCC 18
Plaintiff must show continuous readiness and willingness to perform from contract date to decree. Failure disentitles the plaintiff to specific performance relief.
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