Remedy of Specific Performance and Corporate Social Responsibility

This essay discusses the remedy of specific performance under contract law, where the court orders the wrong doing party to perform their part of duties or acts which they had failed to perform. It also covers the extent to which companies are carrying out corporate social responsibility and its impact on the overall growth of the company.

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

between the parties. The court also conclude that the remedy of specific performance does not
stands applicatory to the matters which comprises of the aspects of personal services or the
contracts of employments.
Further, for the cases where the subject matter which is in issue or the terms related to it
are not clear or are of vague nature then in such cases also the court restricts themselves from
giving the remedy of specific performance. Also the cases which comprises of the aspects of the
continuous supervision or the continuation or the performance of the service for some specified
period of time then also the one cannot ask for this form of remedy. But here the most important
role is played on the part of plaintiff, as the sole burden lies on him to establish the fact the claim
cannot be justified by the mere allotment of the damages rather there lies the need of specific
performance on the part of the wrong doing party(Dagan, 2020).
2. With the changing time the companies and organisations in the country are more declining
towards the approach of corporate social responsibility. In simple terms CSR is a measure by
which the companies contribute a certain fixed part of their income on regular basis in order to
curb the issues, which mainly are of social, economical and environmental in the society. The
measures of conducting social activities are taken under the head of CSR, but there is still
uncertainty about its implementation in real sense(Lu, et. al., 2019). Moreover, the way of
carrying out the practices differs from that of the company to company and hence they are free
to formulate there own policies reason being there lies no such stated pattern of it. Some
organisation ar4e more dedicated towards solving the environmental causes while other may be
more leaned towards the social causes. Moreover, one of the primary aim behind the imitation of
such activity is that as the companies are using the resources of the nature as well as the society
in order to earn profits so therefore there lies some moral obligation on the the part of companies
to return something back to the society. But concern arises with respect to the fact that whether
the companies in real sense contributing to the society or is it just a way to get escaped from their
legal obligations while using the mask of CSR. Also with the spread of media the awareness
regarding the said measure has also increased even in the customers as now they are more

attracted and driven towards the products of companies who are being part of the CSR initiatives.
The organisations also are approaching the way of formulation of the policies of the company in
accordance of the practice of corporate social responsibility(Son and Le Na, 2020).
The said measure also places a great impact on the overall growth of the company reason
being, it is observed that the customers as well as employees of the company stands more
satisfied and happy of the companies who are practising the CSR rather than the ones who not.
It also helps the employees in providing the sense of security which ultimately increases their
reattainment rate. But as a general rule of things having both the pros and cons, there also lies the
number of issues which are being attached to this concept. Majorly with respect to the small
scale company the contribution of the fixed amount of income on regular bases can be genuine
concerns as the primary aim of it is to return their shareholders the maximum profits because of
which the the practice of CSR is not given the priority by such companies. Also the many a times
the management of the organisation face a lot of issues with respect to the effective execution of
the measure because of the already other co existing programs of which the organisation is the
part(Tamilarasan, 2021). As as result of these concerns the activity is carried out in an
unorganized way and hence lack the attention by the management of the company. Thus seeing
the need it is always asked on the part of companies for the prior formation of the required
policies and rules which are to be required or the way in which the activities of the corporate
social responsibilities need to be carried out.
CONCLUSION
From the following essay it can be summarised that the contract law of country is
embodied with the remedy of specific performance by which the aggrieved party can be restored
in their actual positions a they were before the losses has been incurred. Under this measure the
court asks the wrong doing party to deliver the goods back to the original owner. The following
essay also discusses the extent to which the the companies are in real sense carrying out the
activities of the corporate social responsibilities in order to benefit the society.

REFERENCES
Agudelo, M.A.L., Jóhannsdóttir, L. and Davídsdóttir, B., 2019. A literature review of the history
and evolution of corporate social responsibility. International Journal of Corporate
Social Responsibility, 4(1), pp.1-23.
Ahmad, N., et. al ., 2021. The nexus of CSR and co-creation: A roadmap towards consumer
loyalty. Sustainability, 13(2), p.523.
Anser, M.K., et. al ., 2020. Does corporate social responsibility commitment and participation
predict environmental and social performance?. Corporate Social Responsibility and
Environmental Management, 27(6), pp.2578-2587.
Dagan, H., 2020. Two visions of contract. Mich. L. Rev., 119, p.1247.
Lu, J.,et. al., 2019. Linking corporate social responsibility with reputation and brand of the
firm. Amfiteatru Economic, 21(51), pp.442-460.
Son, D.A. and Le Na, G.T., 2020. Efficient Breach of Contract. Journal of US-China Public
Administration, 17(4), pp.147-160.
Tamilarasan, N., 2021. Relief of Specific Performance for a Contract for Sale of an Immovable
Property. Supremo Amicus, 27, p.320.