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What is specific performance of contract and under which circumstances specific performance not granted?
Specific performance is a legal remedy where a party is ordered to perform their obligations under a contract as promised. It is typically granted when monetary damages are inadequate to compensate the aggrieved party. Specific performance may not be granted if the subject matter is personal in nature, the terms of the contract are unclear or unreasonable, or if the court deems it impractical to enforce.
What are the differences between specific performance and injunction?
Specific performance is a legal remedy where a court orders a party to fulfill their contractual obligations as agreed upon in the contract. On the other hand, an injunction is a court order that prohibits a party from performing a particular action. Injunctions are typically used to prevent harm or enforce the terms of a contract, while specific performance focuses on compelling performance of the contract itself.
Should court enforce all contracts?
There are Essential elements for valid contract, contract can be either by writing or orally. Literal and Unilateral contract are both enforceable contract under mistake example at common law are likely to be declare null and void, but equity may apply flexible measures like specific performance, injunction, rectification etc. Contract with a minor is valid and may enforce if its necessary for their necessity. Contract for illegal activities are non enforceable.
Who can enforce the contract?
The Executive branch can.
What happens to the land which the land owner sells by excuting a special power of attorney with sale consideration given to the purchaser. Can the purchaser claim the title?
If the proposed purchaser has an enforceable contract they can file a lawsuit to enforce the contract.If the proposed purchaser has an enforceable contract they can file a lawsuit to enforce the contract.If the proposed purchaser has an enforceable contract they can file a lawsuit to enforce the contract.If the proposed purchaser has an enforceable contract they can file a lawsuit to enforce the contract.
How do you evaluate performance in a contract?
performance under a contract must be exactly as it was outlined in the contract
Is a contract valid if the signee is not authorised to sign contracts?
It may be possible to enforce the contract. If the party can show that they saw the individual as an agent of the other party, the courts will often enforce it.
Can a dealership break contract?
Of course anyone can break a contract. That is what the courts are for. They will enforce the contract as it was written unless there is some mitigating factors.
Does delay of time for performance lead to breach of contract?
No, normally there is no expectation of a time limit on the performance of a contract. If there is, it must be negotiated at the time the contract is formed
What Is partial performance legal?
Generally, complete performance is required to discharge the contract. Anything less is called 'Partial' performance and amounts to a breach of contract.
Can a contract signed by an under age person be annulled?
Yes. Courts do not enforce Contracts on Minors. If a minor enters into a contract then such contract is voidable.
What is complete performance in terms of contracts in law?
This occurs when a party to a contract renders performance exactly as required by the contract; discharges that party's obligation under the contract.
