Showing posts with label Inadequacy test. Show all posts
Showing posts with label Inadequacy test. Show all posts

Sunday, 7 January 2024

How specific relief amendment Act 2018 has eliminated inadequacy test?

The Specific Relief Act, 1963, required the aggrieved party to satisfy the inadequacy test before granting specific relief. The test was applied to suits for specific performance of contracts and to injunctions for enforcing obligations arising from contracts. The inadequacy test made specific performance an exceptional remedy, as it was granted only when compensation under common law was either not ascertainable or inadequate, and when it was possible for the court to make its decree enforceable.

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