Corporate Social Responsibility and Specific Performance in Business Law

Commercial Law

Table of Contents
INTRODUCTION ..........................................................................................................................2
MAIN BODY ..................................................................................................................................3
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................5
INTRODUCTION
Business law and ethics are two different sides of a same coin wherein they look similar
but have different meanings which is the reason that they act as complementing each other.
These laws and ethics of the business environment provide general principles which can help to
guide the society. Thus, these also seem to be interdependent. Business laws which are defined
by the government help a company or organization. Corporate social irresponsibility in spite of
efforts to act responsibly. The Oxford Handbook of Corporate Social Responsibility. form
decisions in accordance with the laws and legislations which are prescribed for their smoother
functioning. It thus acts a branch of civil law through which it is easy to manage the affairs of a
business and also define what should be the conduct of the employer and employees in the
company(Berkan, Leonardo and Stefano, 2021). Whereas Business Ethics can be defined as a
type of rules or practices which are essential for a company to inculcate so that they can
understand and easily analyse what is ethically right and what is wrong. Thus, these emphasize
on right behaviour on the part of the members of the company. This essay will provide
information about the specific performance as a remedial measure which is granted by the courts
to innocent parties in contract law. It shall also cover the extent to which Corporate Social
Responsibility is taken seriously by the corporations.

MAIN BODY
1. The concept of specific performance is being provided under the contract laws of the
country. It is one form of remedy which lies at the option of the party to whom any losses has
been incurred as a result of the act of other party. Also it is one form of equitable relief which is
given by the court in favour of the aggrieved party at its discretion after being satisfied of the
fact that there lies the need of specific performance. Moreover the said form of remedy always
lies in contrast with the other forms of remedies where one such type is damages in the form of
monetary compensation(Hofmann, 2021). As a measure of this the court asks the party who has
breached the contract to fulfil their part of obligation. This form of remedy is often granted ion
the case where by the way of damages the claim cannot be fully settled leading the party
unsatisfied. The same concept was more elaborated in one of the famous case of Fackle v Gray
of 1859, in which the dispute arose with respect to the unique chines vase which was very found
again. Also the concerned party has attached some emotional values to it. Here the court after
seeing these aspects concluded that in this case there lie the need of specific performance by the
way of returning the same vase to the concerned party in order to restore his actual position and
the same cannot be done by the mere allowance of the monetary damages.
Moreover, the said remedy stand snot applicable for the cases where the subject matter in
the issue is of soma vague nature or the terms in the contract related to it are not clear. Because
in order to ask for the party to perform certain act it is required that the said act must be clearly
stated in the contract(Nave and Ferreira, 2019). Also in the cases where there lies the terms
related to the continuous supervision or the performance of the act for some certain period of
time then in such cases also the court refrains from allowing the measure of specific
performance. The court in one such other case of Leune v. Queens Cross Properties Ltd,
mentioned that the said remedy is only allotted in the cases where there lies the existence of the
contract containing the aspects of the subject matter in issues reason being by the way of remedy
deals with the end result which is the work which one has to complete with certainty. Also in
other case of Chappell v. Times Newspapers Ltd, it was held that the remedy does not cover the
aspects of contract of employment or the act of rendering personal services as by allowance of
the remedy for such acts restrains the freedom of an individual by compelling him to do such
acts.