Whether Contract of Personal Skill Specifically Enforceable ?

Contract of Personal Skill Not 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 performance of a contract that requires personal qualifications/ skills can not be specifically enforced. 

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;

• 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.