Breach of contract and specific performance: the law in india and england essay by slowdancer , college, undergraduate , november 2005 download word file , 24 pages download word file , 24 pages 46 5 votes 1 reviews. Specific performance is a court-ordered remedy put in place when there is not any amount of funding that is able to make up for the difference that could have taken place, had the contract not been breached. Essay: cisg - breach of contract and remedies concerning the notion of specific performance, some remedies do not quite fit into the common law approach.
Specific performance is an action to compel a party who breached a contract to perform the contract as promised the subject matter of the contract must be unique, or an action for damages would be the proper remedy. 1 the remedy of specific performance and contracts for the sale of land: a brief survey a paper provided in conjunction with a presentation on 6. Specific performance requires a party to perform a contract, for example by transferring a piece of land to the claimant the award of specific performance requires that the two following criteria must be satisfied:  (i) common law damages must be an inadequate remedy. Essay writing services legal and equitable remedies for tort and contract matters specific performance is another form of equitable remedy that is usually.
This is called specific performance of contract 2specific performance of contract • in certain cases of breach of contract • in such cases when the act agreed to be done is such that compensation in money for its non-performance is not an adequate relief. California bar examination essay questions equitable remedies such as specific performance will be granted but the default contract remedy is expectations. In most cases the standard solution for breach of contract is money reimbursement, however, in some special cases the court can assign the party to perform a specific performance or injunction [tags: essays research papers.
Specific performance means that the contract must continue as it stands the court has the discretion to refuse to such an order on certain grounds a reduced performance will happen if the plaintiff who claims performance from the defendant has not himself / herself performed completely. In the civil law system, where specific performance is viewed as a preferred remedy, the non-breaching party has the option of avoiding the vagaries and uncertainty of quantifying damages contractual devices, such as liquidated damages, offer greater remedial flexibility in the common law's anti-specific performance remedy structure. View essay - mfeemurphy-contracts remedies essay-unit 7 from ab 204 at kaplan university, davenport 1 running head: breach of contract breach of contract megan fee murphy ls311: business. The case for specific performance alan schwartzt the purpose of contract remedies is to place a disappointed promisee in as good a position as he would have enjoyed had his promisor per.
Remedies on and off contract and seek money damages or specific performance on the contract or (2) disaffirm their contracts with the off- became known. Specific performance is an equitable remedy when the court orders specific performance, they are ordering one party to perform a contractual obligation specific performance is distinct from damages and from actions on debts as a remedy for breach of contract. Specific performance is an equitable remedy that requests the promised act be performed per the contract this is not to be confused with any monetary exchange, rather that the contract be fulfilled as agreed upon originally. Contracts essay cheat sheets equitable remedies (specific performance) in order to determine the rights and remedies of the parties under the contract, it.
This free law essay on essay: the rise of consumerism and consumer rights is perfect for law students to use as an example breach of the contract (2) remedies of. Specific performance can be used as a remedy in certain cases of breach of contract i'll explain in a bit exactly what specific performance is as well as give an example of what type of case(s) it can be applied to. Analyze the remedies for breach of contract, law homework help custom essay writing service seeking specific performance the remedy must be enforceable. Favor the remedy of specific performance for breach of contracts to convey property3 this conclusion will help us to understand the choices made between damages and specific performance under anglo-american 4 and under civil law systems 5 and will.
Specific performance is a discretionary remedy and not an arbitrary remedy, ie an injured party may ask for an order of specific performance but it is up to the court whether or not to grant it specific performance is not a usual remedy. Specific performance: this is when the court forces the breaching party to perform the service or deliver the goods that they promised in the contract this is typically reserved for cases when the goods or services are unique and no other remedy will suffice. Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party if a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead.
Remedies: contract and specific performance essay sample currently, courts are largely limited to awarding loss-based damages for breach of contract, although performance can be ordered in some circumstances. Breach of contract & remedies essay a+ sample on breach of contract & remedies is where the equitable remedies (such as specific performance and injunction. California remedies essay workshop (torts and contracts) o specific performance, rescission, specific performance restitution-based remedies are based on. Alternative remedies under contract law are usually split into two categories - positive and negative specific remedies positive specific remedies place a duty on the defendant to act or do something, whereas negative specific remedies place a duty on the defendant not to do something the award of.