A specifically enforceable contract is a legally binding agreement between two or more parties that can be enforced through a court of law. These contracts are characterized by their clear and definite terms, as well as the intention of the parties to be bound by the agreement. There are several elements that must be present in order for a contract to be specifically enforceable.
First, there must be an offer and acceptance. This means that one party must make a clear and definite offer to enter into a contract, and the other party must accept the offer. The acceptance must be unconditional and must be communicated to the offering party.
Second, there must be consideration. This refers to something of value that is exchanged between the parties in the contract. It can be a payment, a service, or something else of value. Consideration is necessary to show that the parties are entering into the contract willingly and with the intention to be bound by its terms.
Third, the parties must have the capacity to enter into a contract. This means that they must be legally competent to enter into a binding agreement. Minors, individuals who are mentally incapacitated, and those under the influence of drugs or alcohol may not have the capacity to enter into a contract.
Fourth, the contract must be in writing and signed by the parties. This is known as the statute of frauds, which requires certain types of contracts to be in writing in order to be enforceable. These contracts include those involving the sale of goods over a certain value, real estate transactions, and agreements that cannot be performed within one year.
Finally, the contract must be legal and not contravene any laws or public policy. If the terms of the contract are illegal or against the public good, it will not be enforceable in a court of law.
In summary, a specifically enforceable contract is a legally binding agreement between two or more parties that is characterized by clear and definite terms, an offer and acceptance, consideration, the capacity of the parties to enter into the contract, a written and signed document, and legality. It can be enforced through a court of law if any of these elements are absent or if the contract is breached by one of the parties.
Enforceable Contract: Everything You Need to Know
There are also situations wherein parties claim a mistake as defense to a contract after they have become conscious of terms they find non-beneficial. Held, that declaratory suit by employee that order of his removal was illegal, null and void laid before Civil Court was maintainable notwithstanding contract of employment. For instance, if one of the parties signed the contract out of misrepresentation or fraud, the contract will not be considered valid. It is difficult to believe that the suns had no knowledge of the execution of the sale agreement by their father. The respondent knew very well that his service contract was with the private management. Constructed as legally binding instruments, a contract is a mutually assented to promise between two parties in a bargained for exchange.
. Enforceable Contract An enforceable contract is a contract that needs an offer and an acceptance. However, moot question is what is determinable contract? The University took various objections to the award, but the Subordinate Judge overruled them and passed a decree making the award a rule of the Court. . The plaintiff pleaded for an interim injunction restraining the defendant from proceeding with the contract. However a subject-matter is defined, whether by causative event, by response, or by context, in our kind of legal system, unless that matter is first artificially restricted to one or other side of the old duality, the substance of the law relating to that matter will come from both common law and equity. But this link between the award of gain-based remedies to contracts which are specifically enforceable is coincidental, because of the tendency for a number of these earlier cases to involve a breach of contract which involves interference with property rights.
Later when the defendants had sought redressal from the Supreme Court, the appeal was granted, and the Supreme Court held that keeping in mind the nature of the scheme and the facts and circumstances of the case, the performance of this contract would involve continuous supervision which is not possible. In 1964-65 he diverted his attention and sought admission in L. Determination of: The University Act, the Statutes and the Ordinances do not lay down the conditions in which the appointment of the Vice-Chancellor may be determined; nor does the Act prescribe any limitations upon the exercise of the power of the Chancellor to determine the employment. Consideration does not need to have a monetary component to be valid and can be money, goods, or services. It is open to the Courts in an appropriate case to declare that a public servant who is dismissed from service in contravention of Article 311 continues to remain in service, even though by so doing the State is in effect forced to continue to employ the servant whom it does not desire to employ.
. Sometimes it is the plaintiff who is not allowed to insist on his strict legal rights…. Suppose, for example, that a buyer agrees to order 5,000 units of a product but mistakenly signs a contract ordering the shipment of 50,000 units. If a contract which involves a condition which says that after some time that contract will be terminated, hence these types of contracts which are determinable in nature cannot get relief under this Act due to nonperformance. Sale price in an agreement is not low and defendant had failed to establish that said document was only a loan transaction then the agreement is valid and defendant is liable to perform his part M. Sustainability of: The order of attachment of property without deciding objections on merit was not sustainable in law.
Section 14: Contracts not specifically enforceable
Serving a notice of not less than 30 days to the party in breach, calling upon him to perform the contract, is a pre-requisite for exercising the right of substituted performance. Approval of both parties must be clearly indicated in the terms of the contract for it to be enforceable. For example, if the parties explicitly agreed in the contract that it is revocable at any time, then the court will not acknowledge the contract or require specific performance. Police Misconduct Complaint Investigations Manual. The term is generally understood and providing relief of a specific kind rather than a general relief or damages or compensation. The agreement is very categorical in envisaging that a sale-deed is to be executed only if both the parties agree to do so and in the event of any one of them resiling from the same there was to be no question of the other party being compelled to go ahead with the execution of the sale-deed. Due to some reasons A fails to do so.
Where a party does not meet the legal qualification to contract, no agreement may be considered as a legitimate contract. Section-14 in Part-2, Chapter-2 of The Specific Relief Act, 1963 specifically talks about the types of contracts that are specifically not enforceable. Against this order of the Trial Court a revision petition was taken to the High Court and by the impugned judgment the High Court held that the nature of relief which was sought by the appellant-plaintiff was such which could only be granted under the Industrial Disputes Act and, therefore, the Civil Court had no jurisdiction to try the suit. Added an item to your shopping cart only to realize later that the price displayed to you initially was substantially lower than the check-out price? After legal notice of renewal, the lessor did not send any positive reply and instead filed a suit for ejectment, therefore, these no mutual consent for renewal. The appellant had agreed to take the flat on as is where basis without claiming any reduction in purchase price for anything incomplete in the building. When negotiating in a business agreement, one of the main considerations is whether the contract will be deemed as an enforceable under law.
In Ram Karan V. Similarly, it was held by the court where the part payment was paid by plaintiff and defendant admitted that he had handed over all documents of title of property to the plaintiff. The researcher seeks to make an attempt in analyzing whether specific performance is a better and more effective solution than enforcing the contract. In this gap of twenty-five years he must have clearly lost touch with Chemistry as well as art of teaching. Related Content Content relating to: "Indian law" This selection of law content including essays, dissertations, problem questions, and case summaries is relevant to Indian law students and to those studying Indian law from outside of India.
In the absence of any statutory requirement, Courts do not ordinarily force an employer to recruit or retain in service an employee not required by the employer There are, of course, certain exceptions of this rule, such as in the case of a public servant dismissed from service in contravention of Article 311 of the Constitution; reinstatement of a dismissed worker under the Industrial Law; a statutory body acting in breach of statutory obligations, and the like. Grant of damages: The regulations contain the terms and conditions which govern the relationship between the Corporation and its employees. The intention is to be gathered from document and if not possible then by an extraneous enquiry. Contracts which may be specifically enforced The remedy of Specific performance being an equitable remedy is at the discretion of the Court. That principle does not create new causes of action where none existed before. The grant of specific performance is purely discretionary and must be refused when not warranted by the ends of justice. Section 21, Clause b of the Specific Relief Act, 1877 corresponding to Section 14 6 of the new Specific Relief Act, 1963 and the second illustration under this clause given in the section makes it so clear that further elaboration of the point is not required.
