Corporate & Commercial FAQs
Can a court order the other side to perform the contract?
Yes. Since the Specific Relief (Amendment) Act, 2018, specific performance is no longer discretionary: a court must order it unless a statutory bar applies, for example where the contract depends on personal qualifications, involves continuous duties the court cannot supervise, or is by its nature terminable, or where the party seeking it has not shown that it was ready and willing to perform its own part. A party facing a breach can also, after 30 days’ written notice, have the work done by someone else and recover the cost (section 20).
General information on Indian law, not legal advice. For advice on your situation, contact the firm.
Related questions
- What happens if an unforeseen event makes performance impossible?
- Is POSH training mandatory for employers?
- Does my business need a privacy policy?
- Are electronically signed contracts valid?
- Does a contract have to be in writing?
- Do contracts need stamp duty?
Our professionals in this area
Contact
Write to us.
Z-29, Block Z, Hauz Khas, New Delhi 110016, India
info@brb-legal.com · +91 11 4058 2711
