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• Performance defined as the action or process of carrying out or accomplishing an action, task, or function.
• Specific means particular
❖ the court orders a party
❖ to actually perform its promise as closely as possible
❖ because monetary damages are somehow
inadequate to fix the harm.
A contractual remedy in which
Remedy obtained through Specific Relief Act, 1877 (“Act”) called Specific Relief
Act deals with following Relieves
❖ Recovery of possession of moveable or immovable
property
❖ Performance of Contract
❖ Rectification of Instrument
❖ Rescission of Contract
❖ Cancellation of Instrument
❖ Declaring the rights of a party
❖ Appointing a Receiver
❖ Enforcement of Public duties
❖ Temporary and perpetual injunctions (“Stay Order”)
❖ An act in law
❖ Executes declare their consent to do something which is not forbidden by law
❖ Settled terms and conditions with free of consent
❖ Against valuable and lawful consideration
• Performance of every agreement is binding upon the parties unless forbidden by law
• If a person not performing his part of contract
• The aggrieved person invokes the provisions of Specific Performance for the enforcement of contractual obligations
❖ Damage for non-performance is not ascertainable
❖ Pecuniary compensation is not adequate relief
❖ Pecuniary compensation cannot be awarded
*Passed directions to defaulter of agreement to
perform the agreement specifically in terms of
agreement executed between the parties
❖ Force Majeure
❖ Against law
❖ Circumstances not allow to perform
❖ Its French phrase which means “Greater Force”
❖ Unforeseeable circumstance that prevent someone
from fulfillment of contract
• Appellant have to ship certain quantity of iron between July 2015 to June 2016 from Brazil to Malaysia
• Appellant took plea that due to Dam Burst Mines were not working and this was the reason that contractual obligations were not fulfilled.
❖ Appellant was never ready to perform even the Dam was not Burst
❖ Clause should be considered in its own words and
surrounding circumstances
❖ Defendant should have to show that he was able to perform but default was based on circumstances
Court observed that
• Fibula Air send advance notice to Just-US Air for termination of lease due to force majeure
• Before the first installment due and before the any flight has been taken place
• Fibula Air approached the Court to stop Just-US Air disposing of the security deposit
• Termination sought on 17 March 2020 due to suspension of flight between Romania and Turkey
• Due to corona virus pandemic
• No flight restrictions were imposed till 28 March 2020
• First installment was due on 18 March and 2nd of 1st April
• No flight is allowed under the lease agreement until payment of 2nd installment
• Court announced that the Just-US was entitled to retain the security deposit
• Force Majeure clauses can only be relied upon as a
reason to terminate a contract where the factual
matrix supports the assertion of this right.