When can an aggrieved party claim specific performance instead of damages?

Exercises · Q8

Q. When can an aggrieved party claim specific performance instead of damages?

Puducherry TnboardTextbookSubjectiveImportance★★★★★

62% · 8/13 Questions

🔒 Locked · start free trial →

You're viewing a preview — the full solution, concept, methods & PYQ mapping are locked.

Start your 14-day free trial to unlock the full solution →

Suit for specific performance is a remedy under which the court, instead of awarding damages, orders the party in breach to actually carry out their promise as agreed. It is not granted automatically for every breach — courts grant it only where damages would not be an adequate remedy, because:

The subject-matter is unique or one of a kind (e.g. a specific piece of land, a particular house, a rare painting or antique) — no amount of money can buy an equivalent substitute in the open market.
The exact monetary value of the loss is difficult to ascertain, making an award of damages an inadequate or speculative substitute for actually getting what was promised. …

Start your 14-day free trial to unlock the full solution →

Same / Similar Concept — real previous-year questions on the same or a closely similar concept, not this exact question.

CA Foundation 2022Set may-202212 marks
$Q. (a) Sheena was a classical dancer. She entered into an agreement with Shital Vidya Mandir for 60 dance performances. As per the contract, she was supposed to perform every weekend and she will be paid ₹10,000/- per performance. However, after a month, she was absent without informing, due to her personal reasons. Answer the following questions as per the Indian Contract Act, 1872.$
(i) Whether the management of Shital Vidya Mandir has right to terminate the contract?
(ii) If the management of Shital Vidya Mandir informed Sheena about its continuance, can the management still rescind the contract after a month on this ground subsequently?
(iii) Can the Shital Vidya Mandir claim damages that it has suffered because of this breach in any of the above cases? (4 Marks)
(b) The Articles of Association of Aarna Limited empowers its managing agents to borrow loans on behalf of the company. Ms. Anika, the director of the company, borrowed ₹18 Lakhs in name of the company from Quick Finance Limited, a non-banking finance company. Later on, Aarna Limited refused to repay the money borrowed on the pretext that no resolution authorizing such loan have been actually passed by the company and therefore the company is not liable to pay such loan. Decide whether the contention of Aarna Limited is correct in accordance with the provisions of the Companies Act, 2013? (4 Marks)
(c) What are the consequences of destruction of specified goods, before making of contract and after the agreement to sell under the Sale of Goods Act, 1930. (4 Marks)
›Reveal solutionSolution

(a) Sheena's unexplained absence is a refusal/failure to perform, so under Sec 39, Indian Contract Act 1872 the school may put an end to the contract; if it instead signifies its wish to continue, it waives rescission for that breach but may still claim damages (Sec 75/73). (b) The doctrine of indoor management (Turquand's rule) protects the outsider lender, so Aarna Ltd is liable. (c) Under the Sale of Goods Act 1930, perishing of specified goods before the contract makes it void (Sec 7); perishing after an agreement to sell but before risk passes avoids the agreement (Sec 8).

Part (a) — Refusal to perform: right to terminate, waiver and damages

Issue. Sheena agreed to give 60 weekend performances at ₹10,000 each but, after a month, stayed away without informing anyone. Three questions arise on termination, waiver and damages.

Rule. Under Section 39 of the Indian Contract Act, 1872, when a party to a contract has refused to perform, or disabled herself from performing, her promise in its entirety, the promisee may put an end to the contract, unless he has signified, by words or conduct, his acquiescence in its continuance. Even where the contract is continued or is rightfully rescinded, the party in default remains liable in damages: a person who rightly rescinds is entitled to compensation for any damage sustained through the non-fulfilment of the contract (Section 75), and compensation for loss caused by breach is governed by Section 73. …
Start your 14-day free trial to see the full solution →

←Previous questionQ7 — What is meant by 'Quantum Meruit'? Give an example.→Next questionQ9 — A agrees to supply 100 bags of wheat to B on 1st March. On 15th Februa…

Q.When can an aggrieved party claim specific performance instead of damages?

Concept understanding — Remedies for Breach of Contract — Rescission and Damages (Indian Contract Act, 1872)

Rescission (Section 39 / 64–65)

Damages (Sections 73 & 75)

Part (a) — Refusal to perform: right to terminate, waiver and damages

Q.When can an aggrieved party claim specific performance instead of damages?

🎓Unlock everything free for 14 days

Unlock everything free for 14 days