Whether Substituted Performance Specifically Enforceable?

Whether Contract with Substituted Performance Specifically Enforceable?

The newly substituted Section 14 of the Specific Relief Act, 1963 (substituted vide Act No.18 of 2018.) expressly, inter alia, provides that the party to the contract which has opted out for substituted performance of contract can not specifically enforce the contract. 

The newly substituted Section i.e. Section 14 provides that the following contracts cannot be specifically enforced, namely:—

• Substituted Performance—where a party to the contract has obtained substituted performance of contract. The rights and duties of the parties in such performance are detailed under Section 20 of the Specific Relief Act, 1963.

• Continuous Supervision—a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise;

• Personal Qualification—a contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms;

• Determinable Nature—a contract which is in its nature determinable.

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Complied by Team LegalMines.