Showing posts with label Substituted performance. Show all posts
Showing posts with label Substituted performance. Show all posts

Monday, 12 February 2024

Important highlights of The Specific Relief (Amendment) Act 2018

 

  • The Act sets out the remedies available to parties whose contractual or civil rights have been violated.  The Act sets out two main remedies to a party whose contract has not been performed: (i) the party may ask the court to compel performance of the contract (specific performance); or (ii) the party may seek monetary compensation instead of performance. 

     

  • Specific performance: Under the Act, specific performance is a limited right, which may be given by the court at its discretion, in the following circumstances: (i) when monetary compensation is inadequate; or (ii) when monetary compensation cannot be easily ascertained.  The 2018 amendment Act seeks to remove these conditions and permit specific performance by courts as a general rule.  
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