A specifically enforceable contract is a legally binding agreement between two or more parties that can be enforced through a court of law. These contracts are characterized by their clear and definite terms, as well as the intention of the parties to be bound by the agreement. There are several elements that must be present in order for a contract to be specifically enforceable.
First, there must be an offer and acceptance. This means that one party must make a clear and definite offer to enter into a contract, and the other party must accept the offer. The acceptance must be unconditional and must be communicated to the offering party.
Second, there must be consideration. This refers to something of value that is exchanged between the parties in the contract. It can be a payment, a service, or something else of value. Consideration is necessary to show that the parties are entering into the contract willingly and with the intention to be bound by its terms.
Third, the parties must have the capacity to enter into a contract. This means that they must be legally competent to enter into a binding agreement. Minors, individuals who are mentally incapacitated, and those under the influence of drugs or alcohol may not have the capacity to enter into a contract.
Fourth, the contract must be in writing and signed by the parties. This is known as the statute of frauds, which requires certain types of contracts to be in writing in order to be enforceable. These contracts include those involving the sale of goods over a certain value, real estate transactions, and agreements that cannot be performed within one year.
Finally, the contract must be legal and not contravene any laws or public policy. If the terms of the contract are illegal or against the public good, it will not be enforceable in a court of law.
In summary, a specifically enforceable contract is a legally binding agreement between two or more parties that is characterized by clear and definite terms, an offer and acceptance, consideration, the capacity of the parties to enter into the contract, a written and signed document, and legality. It can be enforced through a court of law if any of these elements are absent or if the contract is breached by one of the parties.
Section 14: Contracts not specifically enforceable
This applies to customary requirements for certain fields, covering technological invention, or other Offer An Acceptance The final and absolute declaration of consent to the terms of the offer, acceptance acknowledges the intent and promise to perform by the offeror. Reinstatement of such a person seems to be unjustified and uncalled for. There may be cases in which no enforcement of a contract of personal service is prayed for as a relief, but a case may proceed on the basis that the dismissal could only be done in terms of a statute and as that had not been done it was a nullity from which the result followed that the respondent continued in service. Section 52 authorised the appropriate Government to make rules and Sections 53 and 54 gave power to the Board set up under the Act and the Corporations respectively to make regulations consistently with the provisions of the Act and the Rules. It is also not in dispute that the dispute can be taken up by conciliation officer under Section 12. Did all parties have the capacity to enter into the contract? India has one of the fastest growing e-commerce markets in the world and e-commerce transactions have steadily increased across the nation during the past several years. Baroda Municipal Corporation, Baroda, AIR 1984 SC 1829, the Court gave deduction of even a small income of Rs.
No specific relief shall be granted to B. The new relationship had been introduced by the promisor and in no point of law can there be question of any consideration as it is too rigid to be applied in order to restitute somebody for the action upon mere promises. The Specific Relief Act, 1963 does not mention any time limit of the performance of a continuous duty. The appeal therefore, fails. United States Enforceable and An Get a Legal Evaluation of Your Business Contract Issues An attorney specializing in contract law can provide professional advice on the enforceability of an agreement. A similar consequence also follows where the appointment is to an office or status, such as the Vice-Chancellorship of a University, where this Court held that the tenure of office held by the appellant could not be terminated without informing him of the allegations made against him and without hearing him or giving him an opportunity to give an explanation. By promising not to do something that you would otherwise be able to do, you have passed consideration.
If there is power to decide and determine to the prejudice of a person, duty to act judicially is implicit in the exercise of such power. It is also not in dispute that the inquiry for misconduct was conducted against the appellant in accordance with the Standing Orders and the main plea which was raised by the appellant-plaintiff was that the inquiry was not strictly in accordance with the Standing Orders. . We think that this is made perfectly clear by the provisions of Section 20 of the old Act corresponding to Section 23 of the Act of 1963 so that the Courts has to determine, on the facts and circumstances of each case before it whether specific performance of a contract to convey a property ought to be granted. The general rule of equity is that the court will not compel specific performance of a contract unless it can enforce the whole contract.
In this appeal, learned Counsel appearing submits that the sons were not parties to the suit in trial Court and the statement of plaintiff against them cannot be accepted without availability of any opportunity to lead evidence in rebuttal. The building contract stipulated by Clause c of Section 14 3 is not the type of the contract. Under these circumstances there is an apparent implied exclusion of the jurisdiction of the Civil Court. The doctrine of mutuality means the contract must be mutually enforceable by each party against the other. Significantly, under the Specific Relief Amendment Act 2018 position remains the same. Understandably, oral agreements are far more difficult to enforce than Valid and Invalid The validity of a contract is in the details. Sale price in an agreement is not low and defendant had failed to establish that said document was only a loan transaction then the agreement is valid and defendant is liable to perform his part M.
Section 14: Contracts Not Specifically Enforceable
Under Indian Trademark law, once a trademark applied for has been examined for objections pertaining to distinctiveness or similarity with earlier cited marks, the trademark application is advertised in the Trademarks Journal. Now, A cannot enforce B for the performance of the contract under this Act, however, I may get the compensation for this non-performance. . Joe did not instruct Tuscom to convert the titles to strata survey or to take steps to accomplish that. Misrepresentation includes the intentional withholding of information affecting the terms of contract. Validity of: The Agricultural Produce Development and Warehousing Corporation Act, XXVIII of 1956, with which the Court there was concerned, provided for the incorporation and regulation of Corporations for development and warehousing of an agricultural produce on co-operative principles. Furthermore, any contract that requires some sort of skill or knowledge, i.
In 1968, he enrolled himself as an Advocate and since then concentrated only in law Courts. Mutuality of Obligation Assent or a "meeting of the minds" must be mutual for a contract to be enforceable. This means your entire team can work together to make sure your contracts are enforceable, actionable, well-written, and contain all necessary clauses. In Her Highness Maharani Shantidevi P Gaikwadv. Performance by Court: Where the contract is such that sum stipulated may be substituted for the performance of act of the election of the person by whom money is to be paid and it is satisfied by payment of money there is no ground to compel specific performance by Court.
Specific Performance of Contract and its enforceability
Blake has now released these awards from the strait-jacket of specific enforceability of the obligation which has been breached. But in the exercise of this discretion, the Court is governed by certain principles. While the Amendment Act has introduced various changes, one of the most significant change introduced is that specific performance of contracts has been made a rule rather than an exception. Even if every term and provision has been listed out and agreed upon, a written contract may still not be enforceable in a court of law. Enforcement of: Contract for employment is not specifically enforceable, proper remedy is to sue for damages.
Later when the defendants had sought redressal from the Supreme Court, the appeal was granted, and the Supreme Court held that keeping in mind the nature of the scheme and the facts and circumstances of the case, the performance of this contract would involve continuous supervision which is not possible. The remedy is to sue for damages. Copy to Clipboard Reference Copied to Clipboard. Irrespective of effect nature of suit determinable on plaint. The present contract is such as involves the performance of a continuous duty which the court cannot supervise.