Law of Contract and Specific Relief
Contract and Specific Relief tests formation, free consent, consideration, breach and equitable remedies. The Specific Relief Act, 1963 was amended in 2018 to make specific performance less discretionary in many contracts.
Formation and validity
A contract requires offer, acceptance, lawful consideration, capacity and free consent (ss.10-14). Consent is free when not caused by coercion, undue influence, fraud, misrepresentation or mistake (ss.13-22). Section 23 voids unlawful objects. Section 25 lists exceptions to the consideration rule, including natural love and affection and past voluntary services.
Remedies
Damages under ss.73-74 compensate foreseeable loss; s.74 does not automatically enforce a penalty. Specific performance is governed by ss.10-14; readiness and willingness under s.16(c) is essential. Injunction, rescission and quantum meruit are other remedies.
Worked example
A agrees in writing to sell land to B, receives part payment and puts B in possession. A later refuses to execute the sale deed. B can sue for specific performance if B has always been ready and willing. Section 53A TPA may protect B's possession, but it does not confer title.
Traps
Specific performance is not available for personal service. An oral agreement can be valid, but immovable property sale requires a registered deed. Limitation for specific performance is three years from refusal. Do not treat liquidated damages as automatically payable without proof of loss.