SPECIFIC PERFORMANCE OF CONTRACTS (THE TESTS OF INADEQUACY AND EFFECTIVE ENFORCEMENT )

In Indian law, two factors restricting grant of specific performance or injunction are greatly influenced by contract terms. In order to succeed the plaintiff must show that compensation is not adequate (the inadequacy test), and the decree is capable of effective enforcement (the test of effective enforcement). The inadequacy test does not feature in civil law systems and international conventions, and makes specific performance an exceptional remedy. It also renders the grant of relief uncertain, and discourages promisees from seeking specific relief. This book explores whether specific performance should be available as a general, rather than exceptional remedy, by removing or relaxing the restriction of inadequacy test. It also discusses the constraints that affect effective enforcement of a decree of specific performance. It examines the extent to which these limitations are necessary, and whether their limiting effect can be lessened. The book thoroughly investigates and critically analyses various Indian judgments involving the question of inadequacy or irreparable loss in contract related proceedings. This work also draws from the experiences of practicing advocates, academic writings, observations and decisions of Indian courts.

Introduction
Chapter 1. Remedies for Breach of Contract in Indian Law
Introduction
Contract and Contract Law
Two Phases in a Case Involving Contract Remedies
Contract Remedies and their Enforcement
Aim of Contract Remedies
Non-performance, Breach and Remedies
Self-help Remedies
Remedies for Breach of Contract under General Law
Compensation
Contractual provisions about compensation
Section 73 of the Indian Contract Act 1872
Burden of proof
Mitigation
Time of assessment
Unliquidated amount
Compensation in suits for specific performance
Specific enforcement
Agreed sum
Specific performance
Prohibitory injunction
Mandatory injunction
Writs
Compensation in suits for specific performance or injunction
Remedies under other statutes
Consumer Protection Act 1986
Regulatory bodies
Statutory obligations
Conclusion