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1. DIAS LAW ACADEMY SPECIFIC PERFORMANCE OF CONTRACT (S.10) The essence of Specific Performance of contract should be traced to the intention of the parties when they entered into the contract, then there is a common occasionable foresight that the contract has to be performed and in exceptional cases wherein performance is not possible, damages will be granted to the aggrieved party by the wilful defaulter. deliberately commit a breach rather the first objective is the performance of contract and the concept of damage is only to create a deterrent effect so as to prevent the parties from committing the breach of contract. Thus the concept of damages in case of breach does not mean that the party can consensus ad idem cannot be limited only to claim damages rather on the principle of equity, specific performance of contract may be the only adequate relief in light of facts and circumstances of the case. The provisions relating to damages are provided in the Indian Contract Act but contracting parties plays the complementary role to the Indian Contract Act. However, it being a specific relief shall not be awarded as a matter of routine rather only in specific circumstances where equity makes it indispensable and for that purpose, a complete justice based discretion lies in the hands of court. Accordingly, S. 10 of SRA on the principle of Equity and Justice between the E.g. Banquet Hall Marriage – 20th June – on 19th Owner says, I cannot give – damages not sufficient – Banquet Hall needed Specific performance is an exceptional relief – not in daily routine to be given. www.diaslawacademy.com diaslawacademy@gmail.com 18/1, 2ND FLOOR, OLD RAJENDER NAGAR, NEW DELHI. 9899691357,011-40079000 1