In today’s era, the role of contracts determines the status and identity of a person, in one way or the either. Even before the birth of a child, their parents get into a contractual relationship with a hospital which leads to the birth of a healthy child. Thereafter, such contracts become the source of every development in the life of that child, be it the education, employment, finances, matrimonial relations or any other aspect of the life, or even after the life ends (through probates or inheritance passing through that person). Thus, it becomes quite important to understand how those terms of the contracts can be enforced to avail the benefits to which a person is entitled by the virtue of those contracts.
Meaning of Specific Relief
The enforcement of contracts may be divided into two categories – a. Specific Enforcement, b. Non-Specific Enforcement. The Indian Contract Act, 1862 is the major source of law which governs the contracts in India, including their enforcement, irrespective of their being or non-specific. But, there are certain contracts which have certain implications, that the terms are sought by either of the parties, depending on the situation, to be enforced specifically. For example- A contracts with B to buy 200 cans of cold-drinks; but, after the delivery is done, A does not pay B the amount as agreed. Now, it is quite evident from the circumstances, that all B needs at the moment, is to get the amount as per the contract. Therefore, such an enforcement is known as specific enforcement or seeking specific relief under contract. Where the performance of contracts is not the prime motive and it is the compensation or damages for the breach which is mainly sought, such reliefs are not called specific reliefs and the only law which can provide such relief is the Indian Contract Act, 1862. However, where the party seeks a remedy by the actual performance of the contract, then he is said to be seeking specific relief and the best statute to seek such a relief is the Specific Relief Act, 1963 (hereafter SRA).
Conditions for specific relief
The Specific Relief Act (SRA) though provisions for the specific relief of contracts, but has certain limitations as to where the specific relief may be sought.
Section 10 of the SRA provisions that specific relief of contracts may be sought if the provisions of Sections 11(2), 14 and 16 of the Act are duly complied. Which means that before seeking specific relief, we need to check that whether the contract fulfills the requirements as laid under the aforementioned Sections of the Act. Let us understand those conditions which are necessary to be complied with, in order to seek specific relief of the contracts.
1. Section 11(2): it says that the contracts which are formed by a trustee of a trust, in excess of his authority, as provided to him in relation to the said trust, or such a contract which is so formed and signed by the trustee in his official capacity that it breaches the fundamental terms of the Trust to which he is a trustee, cannot be specifically enforced under this Act.
2. Section 14: It provides three further conditions to be fulfilled for the specific performance of a contract, which are- (a) where a party to the contract has obtained substituted performance of contract in accordance with the provisions of section 20; means that the person seeking performance of the contract, took another relief which was equally satisfying to him as the relief he would have actually got under the said contract. (b) a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise; for example, A had an obligation under the contract to provide housekeeping services to B for a period of an year. Now, the court cannot supervise that whether he actually provided such services for such a long period, or will he be able to provide continuous service for the said period. Thus, such contracts cannot be specifically enforced. (c) a contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms; like N who was a technician of chipsets, had to repair an electronic device of M on a certain date, which he failed to repair as he was sick. This contract is based on the personal qualification of N and no other person can perform it. Thus, such as contract cannot be enforced under this Act. (d) a contract which is in its nature determinable. For example, there is a contract, which has a term therein that it will terminate on a certain date. So, there is no point of enforcing such a contract which has to end at a certain date as per its own term. However, the position of law in modern days has changed, and even the contracts of such nature are being specifically enforced under certain circumstances.
3. Section 16: The section provides certain bars related to the person who may seek specific relief. The persons who are barred are – (a) who has taken a substituted performance under Section 20 as discussed above. (b) who is incapable to perform the terms or violates the essential terms or acts in variance to those terms. (c) who was not, or is not, ready and willing to perform the contract.
All the three conditions if complied with, the Act enables a person to seek specific relief of the contract.
Contributed by – Adv. Shivam Mani Tripathi