Introduction While specific performance remains one of the most direct ways of enforcing a contractual promise, it is not the only remedy available when a contract is breached. In appropriate circumstances, the law may instead offer and courts may consider alternative remedies that seek to compensate the aggrieved party, restore the position that existed before…

Introduction Part IV of this series turns to an issue that frequently arises at the intersection of contractual obligations and the equitable remedy of specific performance: contingent contracts and their enforceability. While the essential requisites for seeking specific performance provide the foundational framework, the position becomes considerably more nuanced where the parties’ obligations are themselves…

Introduction In the second part of this series, the discussion focused on the first essential for seeking specific performance of a contract. Building upon that foundation, the second part examines the remaining essential requirements for obtaining such relief, including the plaintiff’s readiness and willingness to perform his contractual obligations, the necessity of claiming the appropriate…

Introduction In the first part of this series, I discussed the foundational aspects of a suit for specific performance, including the nature of the contractual obligation and the statutory framework governing the remedy. In this second part, I turn to what, in my view, is the first and foremost fact that a plaintiff must establish…

Introduction Recently, I had the privilege of delivering my third lecture at the Rajasthan State Judicial Academy to a batch of newly inducted trainee judges. The subject of the lecture was “Specific Performance of Contract, Alternative Remedies and Practical Problems.” As has become a practice with me, I am once again attempting to translate the…