01. Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an equitable relief, given by the court to enforce against a defendant, the duty of doing what he agreed by contract to do. Thus, the remedy of specific performance is in contrast with the remedy by way of damages for breach of contract, which gives pecuniary compensation for failure to carry out the terms of the contract. Damages and specific performance are both, remedies available upon breach of obligations by a party to the contract; the former is a ‘substitutional’ remedy, and the latter a ‘specific’ remedy. The remedy of specific performance is granted by way of exception. The plaintiff seeking this remedy must first satisfy the court that the normal remedy of damages is inadequate, the presumption being that in cases of contracts for transfer of immovable property, damages will not be adequate. Even in these cases specific performance is not always granted, as it is a …show more content…
Section 20 of the Specific Relief Act 1963 preserves judicial discretion to Courts as to decreeing specific performance. The court should meticulously consider all facts and circumstances of the case. The Court is not bound to grant specific performance merely because it is lawful to do so. The motive behind the litigation should also enter in the judicial verdict. The Hon'ble Supreme Court of India in case of Hemanta Mondal and Ors. -Vs- Ganesh Candra Naskar, reported in AIR 2015 SC 3757, observed that Section 20 of the Specific Relief Act, 1963 gives discretion to the court, and provides that the court is not bound to grant relief of specific performance merely because it is lawful to do so. It is further provides that the discretion is not to be exercised arbitrarily but guided by judicial principles. Sub Section (2) of Section 20 enumerates three conditions when discretion is not to be exercised to grant decree of specific
If a breach of contract is both material and opportunistic, the injured promisee has a claim in restitution to the profit realized by the defaulting promisor as a result of the breach. Liability in restitution with disgorgement of profit is an alternative to liability for contract damages measured by injury to the promisee.
Hospitals and regional health authorities throughout Canada are currently facing problems. Mergers, forced, closures, and funding restraints are major challenges that the healthcare industry currently faces (Harber, 1998). Furthermore, there are cultural differences in addition to non-acute and community-based services (Harber, 1998). While all of these challenges are faced, the healthcare industry must remain loyal to their customers and provide quality services while ensuring that the stakeholders remain pleased with the current financial situation of the industry and individual hospitals; this is done by setting a mission, or vision statement, and fulfilling all of its requirements.
Chet Craig is the Central Plant Manager of the Norris Company. He started as an expediter in the company's eastern plant and was quickly promoted to Production Supervisor in three years. After two years, he was promoted to Assistant to the Manager of the Eastern Plant. Five years later, Chet was transferred to the central plant as an Assistant, and after one month, was promoted to his current position.
The year 2013 was not one marked for pride for the retail chain, Target. They had one of the largest data breaches known to date that occurred between November 27th and December 15th. Not only was this the one of the largest attacks known to date of this kind, it was also quite eye opening to many who may not have paid any attention to the world of information security. The Target hack resulted in 40 million compromised credit and debit card accounts and that was just the initial known result. After some time, the research revealed that a total of as many as 110 million Target customers were the victims of this gigantic hack. Although computer crimes occur within the United States often, the bigger problem is that criminals from other countries across the oceans are attacking as well.
According to the Case Management Society of America, case management is "a collaborative process of assessment, planning, facilitation, care coordination, evaluation, and advocacy for options and services to meet an individual's and family's comprehensive health needs through communication and available resources to promote quality, cost effective outcomes" (Case Management Society of America [CMSA], 2010). As a method, case management has moved to the forefront of social work practice. The social work profession, along with other fields of study, recognizes the difficulty of locating and accessing comprehensive services to meet needs. Therefore, case managers work with these
Lord Selborne in the case of Wilson v Northampton and Banbury Junction Rly Co[ (1874) 9 Ch App 279.] had outlined the purpose of specific performance. His Lordship stated that specific performance will only be granted when it can by that means do more perfect and complete justice. The purpose of granting specific performance is to ensure that justice can be uphold as perfect as it could be. However, the specific performance will only be granted when there is inadequate and insufficient remedy of damages to any case of breach of
Generally speaking, the legal system didn¡¦t play a very active role in this case. First of all, the India government could do more on digging the truth of the gas leak out and set a more strict standard to regulate such dangerous plants in case that another crisis. Second, I didn¡¦t see any one who worked in the Union Carbide¡¦s Bhopal plant should be responsible for that tragedy. Does it mean that all that the India court wanted was money or it just wanted to reduce trial and subsequent appeals because it might have taken more than twenty years?
This essay will examine the main cause of the demise of the derivative claim which is the possibility of pursuing a corporate relief and even costs via an unfair prejudice petition, a relief and order that was initially only available via derivative action. Further this essay will discuss as to how the boundaries between the statutory derivative action and the unfair prejudice should be drawn and what restrictions should be added to the unfair prejudice remedy under section 994 of the Companies Act 2006 so that the significance of the statutory derivative action can be reinstated.
The Law of Comparative Advantage was introduced by David Ricardo in 1817 in his book ‘Principles of Political Economy and Taxation’. According to this classical theory, a comparative advantage exists for a country when it has a margin of superiority in the production of a certain commodity over others. Comparative advantage results from differing endowments in the factors of production like technology, natural endowments, climate, etc. among different countries. Therefore, each country exports the commodities which it can produce at a lower opportunity cost or, in other words, lower marginal cost of production and imports the rest. This would ultimately be beneficial for all countries engaging in free trade as each would gain through its specialization
consideration" . And this very definition of bailment was used by the Supreme Court of India in the case of Gujarat v. Menon Mohammad .
In order to perform at the highest level, an employee must be motivated and have a strong combination of declarative and procedural knowledge. If an employee significantly lacks any of these performance determinants, the manager must address the issue through the most appropriate performance management approach. In the case presented, Heather’s declarative knowledge has been clearly presented. However, her ability to interact successfully with students both during and after class may indicate a lack of procedural knowledge and the possibility of a motivation problem. With the right behavior approach to performance measurement, Heather’s manager could capitalize on her strong declarative knowledge,
The paper analyses the reasoning of the various Indian Courts in single derivative claims and multiple derivative claims and compares it with the UK cases which also relied upon common law to resort to such remedies and made it a statutory remedy as recently as 2006. Later it analyses the scope of multiple derivative claims in India which is not allowed.
This section focuses on real-life application of the behavioristic, social learning and social cognitive theories in the context of managing behavior. Behavioral performance management draws heavily on the Reinforcement Theory which holds that a desirable behavior can be increased by linking that behavior with positive outcomes, while undesirable behaviors can be decreased by linking them with negative consequences or by eliminating reinforcers.
In Mahabir Prasad Singh v. Jacks Aviation Pvt. Ltd., the Court while upholding the judicial process stated that:
- Receive a fair settlement of just claims including compensation for misrepresentation, shoddy goods or unsatisfactory services