Specific Performance of Contract Enforceable
Specific Performance of Contract Enforceable Under the following conditions specific performance of the contract is enforceable (Section 10): When there exists no standard for ascertaining actual damage: It is the situation in which the plaintiff is unable to determine the amount of loss suffered by him. Where the damage caused by the breach of contract is ascertainable then the remedy of specific performance is not available to the plaintiff. For example, a person enters into a contract for the purchase of a painting of dead painter which is only one in the market and its value is unascertainable then he is entitled to the same. When compensation of money is not adequate relief: In following cases compensation of money would not provide adequate relief: Where the subject matter of the contract is an immovable property. Where the subject matter of the contract is movable property and, Such property or goods are not an ordinary article of commerce i.e. ...