Commercial Law: Specific Performance Remedy and CSR Perspectives

This essay explores two key aspects of commercial law: specific performance and corporate social responsibility (CSR). It begins by defining specific performance as an equitable remedy granted by courts, compelling a breaching party to fulfill their contractual obligations, particularly when monetary damages are insufficient. The essay uses the case of Fackle v Gray to illustrate the application of specific performance in unique situations. It also outlines the limitations of this remedy, such as cases involving vague contract terms or continuous supervision. The second part of the essay delves into CSR, examining its role as a self-regulatory mechanism for businesses to be socially accountable. It discusses the evolution of CSR from a less-emphasized concept to a more integral part of corporate strategy, driven by increasing consumer awareness and potential benefits like improved employee retention and revenue. The essay also acknowledges the challenges associated with implementing CSR, particularly for smaller companies. It concludes that while CSR has gained importance, some companies may still prioritize brand image over genuine social impact, and that specific performance is an important remedy to ensure contractual obligations are met.

Commercial Law

Table of Contents
INTRODUCTION ..........................................................................................................................2
MAIN BODY ..................................................................................................................................3
CONCLUSION ...............................................................................................................................5
REFERENCES................................................................................................................................5
INTRODUCTION
Business law and ethics are two different sides of a same coin wherein they look similar
but have different meanings which is the reason that they act as complementing each other.
These laws and ethics of the business environment provide general principles which can help to
guide the society. Thus, these also seem to be interdependent. Business laws which are defined
by the government help a company or organization. Corporate social irresponsibility in spite of
efforts to act responsibly. The Oxford Handbook of Corporate Social Responsibility. form
decisions in accordance with the laws and legislations which are prescribed for their smoother
functioning. It thus acts a branch of civil law through which it is easy to manage the affairs of a
business and also define what should be the conduct of the employer and employees in the
company(Berkan, Leonardo and Stefano, 2021). Whereas Business Ethics can be defined as a
type of rules or practices which are essential for a company to inculcate so that they can
understand and easily analyse what is ethically right and what is wrong. Thus, these emphasize
on right behaviour on the part of the members of the company. This essay will provide
information about the specific performance as a remedial measure which is granted by the courts
to innocent parties in contract law. It shall also cover the extent to which Corporate Social
Responsibility is taken seriously by the corporations.

MAIN BODY
1. The concept of specific performance is being provided under the contract laws of the
country. It is one form of remedy which lies at the option of the party to whom any losses has
been incurred as a result of the act of other party. Also it is one form of equitable relief which is
given by the court in favour of the aggrieved party at its discretion after being satisfied of the
fact that there lies the need of specific performance. Moreover the said form of remedy always
lies in contrast with the other forms of remedies where one such type is damages in the form of
monetary compensation(Hofmann, 2021). As a measure of this the court asks the party who has
breached the contract to fulfil their part of obligation. This form of remedy is often granted ion
the case where by the way of damages the claim cannot be fully settled leading the party
unsatisfied. The same concept was more elaborated in one of the famous case of Fackle v Gray
of 1859, in which the dispute arose with respect to the unique chines vase which was very found
again. Also the concerned party has attached some emotional values to it. Here the court after
seeing these aspects concluded that in this case there lie the need of specific performance by the
way of returning the same vase to the concerned party in order to restore his actual position and
the same cannot be done by the mere allowance of the monetary damages.
Moreover, the said remedy stand snot applicable for the cases where the subject matter in
the issue is of soma vague nature or the terms in the contract related to it are not clear. Because
in order to ask for the party to perform certain act it is required that the said act must be clearly
stated in the contract(Nave and Ferreira, 2019). Also in the cases where there lies the terms
related to the continuous supervision or the performance of the act for some certain period of
time then in such cases also the court refrains from allowing the measure of specific
performance. The court in one such other case of Leune v. Queens Cross Properties Ltd,
mentioned that the said remedy is only allotted in the cases where there lies the existence of the
contract containing the aspects of the subject matter in issues reason being by the way of remedy
deals with the end result which is the work which one has to complete with certainty. Also in
other case of Chappell v. Times Newspapers Ltd, it was held that the remedy does not cover the
aspects of contract of employment or the act of rendering personal services as by allowance of
the remedy for such acts restrains the freedom of an individual by compelling him to do such
acts.

2. Corporate social responsibility is the measure of self regulation of the enterprise which aids
them of being socially accountable towards the society. There lies no standard pattern in which
the said activity is required to be carried one, hence it varies from company to company.
Therefore the companies in accordance of their areas of concerns or interest can benefit the
society and its people in multiple ways. The three broad categories generally ion which the every
firm tends to contribute is the causes of social, economical, and environmental. But here one of
the major question which comes into mind is that whether the said companies are in actual sense
contributing to curb the social issues of the society or is it just a mere myth which they has
created in the name of corporate social responsibility. At very earlier stage because of the lack of
awareness in the companies as well as the general public , the CSR was not taken into
consideration in serious manner but now the scenario has changes to an great extent(Qazi, 2020)
(Rotundo, 2019).
Moreover the companies and organisation are taking the protection of corporate social
responsibilities with the aim of escaping from the hefty sum of taxes and legal obligations.
Earlier there were lack of legal regulations as wells as awareness in order to guide the said
activities on the part of the company(Son and Le Na, 2020). There also lies the absence of check
and balances for the amount which has been invested in the name of corporate social
responsibility. But the scenario is changing day by day with the customers becoming more
active and aware of the measures. The customers are said to be more driven towards the
companies who are actively being the part of CSR initiatives. And hence they are also resulting
in formulating the policies of the company in accordance of the said measures which aids in the
execution of the CSR. Further the companies who contributes, also gets largely effected as a
result of this in a positive manner as it helps in retaining the employees as well as customers
while making them more satisfied and happy. It also aids the businesses with respect to the
increase in their revenues by attracting the more and more customers to it. The employees also
being part of such company tends to have sense of security and satisfaction. Thus its is believed
that the companies ion order to have a continuous growth as well as more revenues must carry
out the measure of corporate social responsibility and have a overall sustainable report.
Furthermore, other than positive aspects of this initiative, there also lies the number of problems
attached to it which the companies face in order to carry out the activity(Tamilarasan, 2021).
One of the major concern mainly on the part of small companies is that they can lack with

respect to the coordination because of the other existing programs being carried out by the
company.
CONCLUSION
From the above essay it can be summarised that the contractual breach is a must in the
situations where the remedy of specific performance has to be granted. It is given by the court
order to the injured party so that original position can be restored by the parties. A compulsion is
created on the other party in this remedy by the court so that specific parts of the contractual
agreement are performed by the other party. Whereas Corporate Social Responsibility are
basically those type of activities that are social in nature which are performed by the companies
for doing something good for the society by sharing amount of their profits for society's benefit.
It can be benefit economic, social and environment sectors. But with time companies have
become aware of the importance of CSR but still they do not take it seriously instead use it only
for building their brand image.
REFERENCES
Books and Journals
Berkan, A., Leonardo, B. and Stefano, M., 2021. Media coverage, corporate social
irresponsibility conduct, and financial analysts' performance. Corporate Social
Responsibility and Environmental Management, 28(5), pp.1456-1470.
Hofmann, O., 2021. Breach of Contract. Springer International Publishing.
Nave, A. and Ferreira, J., 2019. Corporate social responsibility strategies: Past research and
future challenges. Corporate Social Responsibility and Environmental
Management, 26(4), pp.885-901.
Qazi, A., 2020. Liquidated Damage upon Contract Termination. Ct. Uncourt, 7, p.49.
Rotundo, M., 2019. Corporate social irresponsibility in spite of efforts to act responsibly. The
Oxford Handbook of Corporate Social Responsibility.
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.