Agreement For Specific Performance
In the United States, Article 2 of the Single Trade Code supersedes the traditional rule in trying to adapt the law on the sale of goods to the realities of the modern commercial market. If the goods are established in the sales contract and in the seller`s possession, a court may order the delivery of the goods to the buyer in exchange for payment of the price. This is called replevin. In addition, the code allows a court to order a defined benefit if „the goods are unique or in other circumstances,” so the question of what circumstances should be developed by the case law. Specific performance relief is a just relief, which is usually corrective or protective in nature. In civil law (continental European law and much of the non-English speaking world), specific performance is considered the fundamental right. Money damage is a kind of „specific replacement benefit.” Indeed, it was proposed that the replacement benefit be better explained the general rules of the contract, see (Steven Smith, contract law, Clarenden Law). 43. Certainly, the above case does not fall within the first category of section 54 of the Statute on Prescription, because, as noted above, no date has been set for its implementation in the agreement. The case would therefore be of the second category viz.
applicant has indicated that the benefit is denied. In other words, a court may order a defined benefit in the form of a replevin (transfer of real goods) as a remedy for a contractual dispute where the cash damages are not sufficient. „20. Discretion for the performance of a given benefit. – (1) Jurisdiction over the performance of a given benefit is discretionary and the court is not required to grant such discharge simply because it is legal; but the discretion of the court is not arbitrary, but reasonable and reasonable, is based on the principles of justice and can be corrected by an appels court… 6. Who are the parties required for legal action for a defined benefit. 2. The Tribunal does not grant any derogation from the subsection (a) or b) of the subsection (1), unless it has been expressly claimed: in India, most of the specific benefit actions concern the sale of real estate and, to some extent, the transfer of shares. In a lawsuit for certain services, complainants must approach the court with clean hands. From the day of execution to the date of the decree, he must prove that he is ready and that he has always agreed to perform his part of the contract. This is the conclusion that the Tribunal should conclude in light of the applicant`s conduct before and after the application was filed.
The intention to make time the essential content of the treaty must be expressed in clear language. „In the case of the sale of real estate, time is never considered a contractual basis.
Comments are closed.