One of the remedies available on breach of contract is action of specific performance. However, there are cases when the remedy might or might not be granted.
With reference to the above statement, identify three cases when specific performance might and three cases when it might not be granted.
Cases when specific performance is not granted
Where monetary compensation is an adequate relief. Thus the courts refuse specify performances of a contract to lend/borrow money or where the contract is for the sale of goods easily procurable elsewhere.
- Where the court cannot supervise the actual execution of the contract i.e. building construction contract. Moreover, in most cases damages afford an adequate remedy.
- Where the contract is for personal services i.e. contract to marry or to point a picture. In such contracts “injunction” (i.e. an order which forbids the defendant to perform a like personal service for other persons) is granted in place of specific performance.
- Where one of the parties to the agreement does not possess competency to contract and hence cannot be sued for breach of contract. Thus a minor cannot succeed in an action for specific performance.
Cases when specific performance might be granted
Where the legal remedy is inadequate or effective, thus the court issue decree for specific performance.