Can specific performance be ordered in a breach of contract claim in India?

Answer By law4u team

Yes, specific performance can be ordered in a breach of contract claim in India. Specific performance is a legal remedy where the court orders the party in breach to perform the specific obligation as per the terms of the contract. Section 10 of the Specific Relief Act, 1963 provides for the specific performance of a contract. The act provides that specific performance can be ordered in the following situations: Where there is no adequate remedy in damages. Where the contract is enforceable under the law. Where the act agreed to be done is such that compensation in money cannot adequately compensate for non-performance. However, specific performance is not available for all types of contracts. For example, specific performance cannot be ordered in contracts for the sale of goods or contracts involving personal services. In addition to specific performance, the court may also award damages to the aggrieved party. Damages are a monetary compensation awarded to the aggrieved party for the loss suffered due to the breach of contract. It is important to note that the decision to award specific performance or damages will depend on the facts of each case, and the court will consider various factors such as the nature of the contract, the degree of hardship that the parties will face, and the possibility of enforcing the contract.

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