Specific Performance
A court order compelling a party to perform their contractual obligations as agreed, rather than paying damages.
Full Definition
Specific performance is an equitable remedy compelling the defaulting party to actually perform their contractual obligations. It is available where: (1) the contract is valid and enforceable; (2) the plaintiff has performed or is ready to perform; (3) damages would be an inadequate remedy (e.g., unique property). Specific performance cannot be ordered for personal service contracts or where supervision would be required over time.
In Indian Law
Specific Relief Act 1963 (amended 2018) governs specific performance. The 2018 amendment changed specific performance from a discretionary remedy to ordinarily grantable (Section 10) � except in specified cases. The amendment was intended to help infrastructure contracts be specifically enforced. Courts can appoint a receiver or commissioner to oversee performance. Agreements to agree are not specifically enforceable.