Remedy of Specific Performance and Corporate Social Responsibility

Individual Essay

Table of Contents
INTRODUCTION ..........................................................................................................................2
MAIN BODY...................................................................................................................................2
CONCLUSION ...............................................................................................................................5
REFERENCES:...............................................................................................................................7
INTRODUCTION
A contract is a legal agreement between two parties, who agrees to come into a statement
to do or not to something along with consideration for such agreement. A contract can be
implied or in expressed form. The four major essentials of contract are offering , acceptation,
consideration and intention to create legal relations(DiMatteo and Poncibó, 2018). Further , the
Corporate Social Responsibility is the responsibility of the company towards the environment,
employees and the society. This essay will deeply discuss about the remedy of specific
performance and the conditions in which it can't be claimed by the court. Further, it will discuss
about the seriousness of company towards fulfilling the duty of corporate social responsibility.
MAIN BODY
1. The specific performance is a type of remedy given by the court in favour of the
aggrieved party. In specific performance, the court orders the defaulter party to do a specific act
in order to accomplish the contractual obligations as specified in the contract. A specific

performance is an equitable remedy given to the aggrieved party in case of breach of contract. It
is performed generally in case of land and buildings(Hamed, et.al., 2022). It is generally used as
injunctive relief relating to confidential content of the individual. The specific performance can
be ordered even before the breach of contract in many cases. The specific performance remedy is
used when no other remedy can be used like money to compensate the damages arrived due to
breach of the contract. The specific performance is given when the actual damages cannot be
fulfilled if that specific act is not performed at that time. It is generally used in case of sale of
land contract where the defendant party refuses to transfer the true title of the property to the
aggrieved party. Moreover, the court orders the specific performance in case where the goods are
unique and can't be replaced by any other goods, that is, goods not being the substitute goods.
The specific performance is the equity relief which is considered as the basic right of the
aggrieved party that can be claimed in the court.
The limitation to the specific performance is that the specific performance cannot be
ordered if the contractual obligations which is in question is not specifically specified in the
contract. The above given remedy is not applicable where the subject matter of the contract is
ambiguous and not written clearly in the contract. The reason for this is that the court can't order
something to do to the aggrieved party which is not earlier stated in the contract. In general, the
court does not give the order of specific performance where the court require regular oversight
on the regular proceedings of the act(Jack, Florez-Lopez and Ramon-Jeronimo , 2018). The court
will provide this type of remedy as the end result. In case of Hadley v Baxendale,it has been
decided that the only damage which is within the reasonable consideration of the parties may be
canopied. In case of Rowland v Divall , the aggrieved party can only retrieve an advance
payment if the full amount of consideration is not paid by the defaulter party. The contracts
which are being formulated as a result of employment relations are also not covered or generally
granted by the courts as a remedy of specific performance. The remedy for specific performance
is not given in case of contracts of personal acts as it will restrain the person from enjoying its
right to liberty and to live freely in the society by forcing him to do such acts. The specific
performance is not applied by the court in case when it is impossible to perform such act in
reality. It is also not applicable when the contract is made at will. The court will not give specific
performance in case when there is no consideration specified in the contract. In case of lack of
mutuality in the initial period of the agreement, then also the specific performance cannot be