Specific Performance Of The Said Agreement


    Under the common law, an applicant`s rights were limited to compensation. Subsequently, the Court of Equity instead developed a remedy for a particular benefit if the damages prove insufficient. The concrete provision is often ensured by the elimination of a property right which gives the applicant the right to take possession of the disputed property. [Citation required] Traditionally, own funds would only grant a specific benefit in respect of contracts relating to assets whose assets are unique, such as art, inheritance, etc. The reason given was that the injured party, since the goods were fungible, had an appropriate remedy against the other party`s non-compliance. As with all equity remedies, contracts for certain services are subject to discretion, so their availability depends on their suitability in the current circumstances. Such an order is given when the damages do not constitute an appropriate remedy and, in some specific cases such as the country (considered as unique). In addition, before awarding compensation for a given service, Hon`ble Court must analyse the extent of the alleged damage or the damage suffered by the promoter and whether financial compensation is sufficient to compensate for the losses suffered by the alleged owner. It is apparent from the facts of the present case that the damage suffered by the applicant may be quantified.

    Consequently, the applicant did not fulfil the condition set out in section 14(3)(c)(ii) of the Specific Relief Act 1963. In the United States, Article 2 of the trade uniform crowds out the traditional rule to adapt the right to purchase goods to the realities of the modern commercial market. If the goods are identified in the contract of sale and are held by the seller, a court may order that the goods be handed over to the buyer after payment of the price. This is called La Replevin. In addition, the Code allows a court to order a specific supply where `the goods are unique or are in other appropriate circumstances`, so that the question of appropriate circumstances must be developed by case-law. The lightening of the specific benefit is an appropriate, usually correct or protective relief. In civil law (the law of continental Europe and much of the non-English-speaking world), the specific benefit is considered a fundamental right. .

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