Question 2 (c)
Specific performance as a remedy for breach of contract
6 marks
- Time to write
- About 12 minutes
- Topic
- Breach and remedies
- Notes
- Crux notes
Question
Question 2 (c) · 6 marksOn Specific performance as a remedy for breach of contract, write a note.
Reworded from the university paper; the task is the same. The original paper belongs to the University of Delhi. See DU's question bank.
Before you write
Read off the question and its marks
Read from the question
- write a noteA note opens with the meaning, then two or three key points. No long introduction.
What the paper leaves open
Only a combined mark of 18 is printed for parts (a) to (c); each part is reckoned here at 6 marks (inferred).
Write it in this order
- Read; underline the asks; jot your points 1 min
- 1 Meaning of specific performance 2 marks 2 min
- 2 When it is granted 3 marks 7 min
- 3 Conclusion 1 mark 1 min
- Check: every ask answered, key terms underlined 1 min
Easy marks
- Meaning of specific performance (step 1, 2 marks): a clear definition and a line on what it covers. It opens the answer, so it takes a minute or two.
Short on time? Cut step 2 short rather than leave anything out.
Try it first. About 12 minutes for 6 marks. Write it out, then open the solution.
Solution
Hover or tap a marked figure, like 72,000, to see how it is made and where else it appears.
Meaning. Specific performance is an order of the court that makes the party in breach actually do what he promised, on the contract's own terms, instead of only paying compensation. The injured party asks for it in a suit for specific performance; the court grants it at its discretion when money would not fairly make good the loss. Apart from damages, the injured party may also seek rescission or a quantum meruit, or an injunction.
Example. R agrees to sell S a painting by an artist who has since died, then refuses to hand it over. No amount of money would let S buy the same painting elsewhere, so the court may order R to complete the sale.
- Damages inadequate. The remedy is given only where damages are not an adequate remedy for the breach.
- Discretion of the court. The court may order it in its discretion; the injured party cannot demand it as of right.
- Negative promises. Where a party is acting against a promise not to do something, the court may instead restrain him by an injunction.
Conclusion. Specific performance compels the defaulting party to perform the contract itself; it is granted at the court's discretion where damages would not be an adequate remedy.
Where the 6 marks sit
| # | Component | Marks |
|---|---|---|
| 1 | Meaning of specific performance | 2 |
| 2 | When it is granted | 3 |
| 3 | Conclusion | 1 |
| Total | 6 |
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