Remedy of Specific Performance and Corporate Social Responsibility

This essay discusses the remedy of specific performance and the conditions in which it can't be claimed by the court. It also discusses the importance of corporate social responsibility and its impact on the society. The essay concludes that specific performance can be obtained by the court in cases where the actual damages cannot be overcome by the monetary value. Further, CSR is essential for the companies to enhance the employment ratio of the company and overall development of the society.

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

ordered by the court. It is also not applied when the party seeking the claim misbehaved on its
end. In case of Lumley v Wagner, it was held that if the injunction is provided where the
employee is reserved for working with the competitor party can be given even if specific
performance cannot be acquired(Mendy and Hack-Polay, 2018).The specific performance cannot
be claimed by the claimant if the contract is void or is not enforceable by the court. It is not
imposed by the court if it causes serious hard knocks to the defendant. It even cannot be claimed
if the contract that is made is intended.
2. In the modern times, the need for corporate social responsibility has raised in many countries.
Now, profitability and creating an efficient and fair price product is not the ultimate objective of
the company. The company has now started recognizing the responsibility of the company
towards the environment and the human kind. The corporate social responsibility means the
responsibility of the company towards the society, the environment along the economy of the
country and world as a whole. It includes the responsibility of the company towards the citizens
of the country and sustainable development of the country. It mainly deals with the human rights.
The company directly effects the society and people living in the society. So, the company plays
a direct role in transforming the society(Miethlich and Šlahor, 2018). The corporate social
responsibility includes the responsibility of the company towards its employee. The employee
responsibilities includes free and fair treatment of workers, regular salary payments, overtime
payments, equal pay for equal work, etc. The company should follow all the laws made for the
workers and the employees like equal remuneration act, National minimum wage act 1998,
Employee's Relations Act 1999, etc. The company directly affects the citizens of the country as
by paying the salaries it will affect the standard of living of the employees working in their
company. If the workers working in the company are stressed , then they can't work properly and
will result in low growth of the employees and the company also.
There are basically three types of corporate social responsibilities namely environs,
charitable and moral. The environs deals with the responsibility of the company towards the
environment and the surroundings(Mkansi, Eresia-Eke and Emmanuel-Ebikake, 2018). It
includes the pollution free environment. According to the UK Companies Act 2006, it is the
responsibility of the director and the board members to think for the interest of the employees,

environment, society, suppliers and consumers while thinking about the interest of the
stakeholders. So, in order to achieve this objective the company should follow the guidelines as
prescribed by the pollution department and should follow all the rules as declared in the laws of
the country. The charitable deals with doing charity at regular intervals by the company towards
the poor section of the society. The moral responsibility includes the moral ethics that has to be
followed by the company while doing the regular activities of the company. For instance,
Unilever started pressing its cans in 2014, which resulted in reduction of carbon footprint per
aerosol spray by 23% per can(Parizek and Evangelinos,2021).
The corporate social responsibility is important as it creates a awareness towards the
society, increases brand awareness , increases the competition and aids in establishing trust with
the stakeholders and the investors of the company. It also aids in presenting that company,
customers, employees and the society can transform together into a better place of living. The
seriousness of the corporate social responsibility depends mainly upon the size of the company.
In case of small companies, the primary objective of the company is to provide more and more
profits to the stakeholders . The primary objective of the small company is to earn more and
more profits and to invest it into their own company because if they will not do this then their
survival may come to an end. So, it is quite not possible for them to carry on with these corporate
social responsibility objective. Moreover, the big companies like Coca cola, the fund of the
corporate social responsibility is created but the management of these funds is not efficiently
applied due to lack of management in the company. The big companies creates the fund for
corporate social responsibility as they get tax reduction by creating this fund. But in reality they
didn't use that fund in an efficient manner. But, some companies do make efficient use of this
fund. Hence, it varies from company to company the benefit to the society of this fund. CSR if
used in good sense, then it has the expectation that it can reshape the attitude of international
companies to their stakeholders(Sciarelli , et.al.2020). The CSR will automatically enhance the
financial reinvestment . Moreover, the people will not only do work but will also enhance their
happiness. Hence, all the big organisations must exercise CSR to prosper and flourish in this
competitive market.

CONCLUSION
From the above essay, it can be concluded that the specific performance can be obtained
by the court in cases where the actual damages cannot be overcome by the monetary value.
There are further some limitations which bars the specific performance like biased subject
matter, performance of personal matters,etc. Further, the CSR is very essential for the companies
so that it will enhance the employment ratio of the company. Hence, it will help in overall
development of the society as a whole.

REFERENCES
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Parizek, K. and Evangelinos, K.I., 2021. Corporate social responsibility strategies and
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