Specific Performance
A court-ordered remedy compelling a party to actually perform their contractual obligation.
Detailed Meaning
Specific performance is an equitable remedy directing a party to perform the very obligation promised under a contract, generally granted where monetary compensation would not be an adequate remedy — most commonly in contracts concerning immovable property. The Specific Relief (Amendment) Act, 2018 made specific performance a more readily available remedy rather than a purely discretionary, exceptional one.
Authoritative Sources & Provenance
Relevant Legislation
- The Specific Relief Act, 1963
Frequently Asked Questions
What is specific performance of a contract?
Specific performance is a remedy compelling a party to actually perform their contractual obligations, rather than merely pay damages for breach — under the Specific Relief Act (as substantially amended in 2018), it is now the norm for enforceable contracts rather than a purely discretionary exception.
Related Concepts
General legal information for reference only, reviewed for accuracy but not a substitute for advice from a qualified advocate on your specific facts.