Remedy of Specific Performance under Contract Law and Corporate Social Responsibility

Commercial law

Table of Contents
INTRODUCTION ..........................................................................................................................2
MAIN BODY...................................................................................................................................2
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................7
INTRODUCTION
Business law and ethics have different explanations and thus they can be called similar
concepts which complement each other and help in guiding the society through its principles.
Their meanings make them interdependent on each other. The decision making of any company
or organization is governed by the way of business laws which help them to work according to
the rules prescribed in the legislations which the government forms for their smooth functioning.
Thus, it is a type of branch of civil law that helps to manage business affairs and the employer
and employee conduct in the company. On the other hand, Business ethics are basically those
rules and practices that help a person or company to distinguish between what is right and what
is wrong. It helps in easy understanding of what behaviour must be inculcated in the
organization(Abbas, 2020) . This essay will cover in detail and talk about the remedy of specific
performance that is available under the contract law for the innocent parties and it shall also
cover the extent to which the Corporate Social Responsibility is taken seriously by the
corporations.

MAIN BODY
1. Specific performance is a type of remedy that is available under the contract law of UK
and thus it is provided by the courts to innocent parties in a case. It is available to them as a type
of option that the injured parties can choose when they think that is the appropriate form of
remedy for them. The court has discretionary power in this aspect where they can grant equitable
relief to the injured party. In this usually the court goes against the other party who commits
wrongful or illegal act which was agreed between the parties prior to the formation of terms of
contract. So this remedy works in contrast with the measure of damages as the remedy as it is
given to the innocent parties in the case where there is requirement of compensatory damages.
This remedy is contract law is used as an exception in cases(Agudelo, Jóhannsdóttir and
Davídsdóttir, 2019) . When court orders specific performance in remedy then the court provides
a type of decree in the favour of plaintiff and compulsion is on the part of the defendant who as a
party has to perform acts and duties with respect to the terms and obligations of the contract
wherein they have to perform specific parts. It is granted by the court to the parties in the cases
where other remedies and measures of damages cannot be applied due to their insufficiency in
the situation. Fackle vs Gray 1859 is a very famous case in this part which is specifically related
to the contract law's specific performance remedy. In this case, the subject matter of a contract
are Chinese vases which are unique and thus damages cannot be a appropriate remedy to restore
them. The applicability of remedy of specific performance is conditional in relation to the subject
matter and thus it is not granted in vague cases. Also, in cases where the continued supervision is
defined by the contractual agreement or the performance of obligations is for a specified time
them also court cannot grant specific performance.
To get the court provide the remedy of specific performance, it is required that with
respect to the case the injured party must state the facts of contract in the manner that it leads to
satisfaction of court regarding the amount and extent of damages that are given inadequately for
the innocent party and thus parties due to that cannot be restored to the original position. For
example the cases that deal with the transfer of property matters then these damages cannot be
given to the injured party as an appropriate option. The injured parties of the case must request
and claim specific performance as a relief from the court of law(Cesar and Marle, 2019) .
Whereas, Lenne vs Queens Cross Properties Ltd is famous case in which the court held
that specific performance as a remedy must be given to the parties in the case where contract is