Remedy of Specific Performance and Corporate Social Responsibility

Business Law and
Ethics

Table of Contents
INTRODUCTION ..........................................................................................................................2
MAIN BODY ..................................................................................................................................2
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................7
INTRODUCTION
The business law as well as business ethics are the tow different heads but it is required
for the smooth functioning of the organisation that both these aspects works while coordinating
to each other. But many a times the decisions taken on the basis of morality can result in the loss
to the company hence therefore the management focuses more on considering the legal terms for
the purpose of taking the decisions(Agudelo, Jóhannsdóttir and Davídsdóttir, 2019). The
business is a separate branch of law which looks after governing the activities of the business
whereas the business ethics is a division which states the principles as to what is right and what
is wrong. The business ethics said to be the spirit based on which the laws in the society are said
to be enacted. The said essay is going to cover in detail the remedy of specific performance
along with its various aspects of situations in which it is to be applied. The following essay also
details as to what extent in real sense the organisations are carrying out the activity of corporate
social responsibility.
MAIN BODY
The specific performance is a form of remedy, the concept of which is embodied
specifically under the contract laws of the country. In general sense the remedy is given in favour

of the individuals against whom any has been done resulting them being subjected to certain
losses. The court awards the measure of specific performance in order to restore the actual
position of the aggrieved party. Generally the availability of the said remedy is a result of courts
discretion, where court on being satisfied of the fact that there lies the need of some specific
performance by the wrong doing party order them to fulfil their part of performance. Moreover,
it is a measure by which an attempt is made to bring back the individual in his actual position
which he was in before the losses has been occurred. The remedy of specific performance is a
form of equitable relief where the court on ascertaining that the damages given in the form of
monetary compensation cannot fully justify the claim of the aggrieved party. Further in this the
execution of the remedy is done by the way of ordering the wrong doing party to perform their
part of duties or the acts which they had failed to perform. Other than this the remedy of specific
performance exists in comparison with that of the remedy of the damages where the aggrieved is
said to be settled by the way of equitable compensation(Ahmad, et. al.,2021).
Moreover, the ground behind providing of such remedy by the courts is a way of exception. The
reason behind the concept is that the by the order of the court the concerned wrong doing party
gets compelled to do certain acts or stands bound to return the things back to the original owner.
Also the said measure of specific performance comes into picture only when the remedy of
damages gets fails in settling the claim of the party(Anser, et. al., 2020).
The court in the case of Fackle v. Gray of 1859, has tried to detail the applicability of
the specific performance. The subject matter with respect to which the dispute arose was of the
Chinese vase which in itself was bearing some unique nature and cannot be found normally. So
in this case the court after ascertaining the delecasy of the vase delivered the judgement in favour
of the aggrieved party while stating the reason that the party cannot be restored by the mere way
of monetary relief and hence there must take place the specific performance on the part of other
party to return the vase to the original owner. The court also in other case which is of the Leune
v. Queens Cross Properties Ltd, stated that the remedy of specific performance stand available
only for the cases which comprises of the any contract or agreement governing the subject matter
in the issue. The aim of the court behind the delivery of such concept is that as by the way of this
remedy the court asks the other party to perform some specific act or duties so therefore, it is
required that the said act must be clearly specified in the contract which has earlier agreed