CHANAKYA NATIONAL LAW UNIVERSITY

The Rough draft for the fulfilment of project of Law of Contracts

On

CONTRACTS WHICH CANNOT SPECIFICALLY

ENFORCED

Submitted to:-Ms.Sushmita Singh

Faculty of Law of Contracts

Submitted by:-Satyam JAIN

Roll No. 1560

1st year B.A.LLB. (Hons.)

 INTRODUCTON
A contract is a voluntary arrangement between two or more parties that is enforceable by law
as a binding legal agreement. Contract is a branch of the law of obligations in jurisdictions of
the civil law tradition. Contract law concerns the rights and duties that arise from agreements.

In case of his failure, the other party will have a right sue for performance of the contract.
This is called Specific Performance. Orders of specific performance are granted when
damages are not an adequate remedy, and in some specific cases such as land sale. Such
orders are discretionary, as with all equitable remedies, so the availability of this remedy will
depend on whether it is appropriate in the circumstances of the case. Under current law,
courts grant specific performance when they perceive that damages will be inadequate
compensation. Specific performance is deemed an extraordinary remedy, awarded at the
courts discretion.

Section 14 in The Specific Relief Act, 1963

14. Contracts not specifically enforceable.

(1) The following contracts cannot be specifically enforced, namely:

(a) a contract for the non-performance of which compensation in money is an adequate relief;

(b) a contract which runs into such minute or numerous details or which is so dependent on
the personal qualifications or volition of the parties, or otherwise from its nature is such, that
the court cannot enforce specific performance of its material terms;

(c) a contract which is in its nature determinable;

(d) a contract the performance of which involves the performance of a continuous duty which
the court cannot supervise.

(2) Save as provided by the Arbitration Act, 1940 (10 of 1940), no contract to refer present or
future differences to arbitration shall be specifically enforced; but if any person who has
made such a contract (other than an arbitration agreement to which the provisions of the said
Act apply) and has refused to perform it, sues in respect of any subject which he has
contracted to refer, the existence of such contract shall bar the suit.
AIM AND OBJECTIVES

The researcher will do the research to know CONTRACTS WHICH CANNOT

SPECIFICALLY ENFORCED.

RESEARCH METHODOLOGY

This research project is solely based on doctrinal type of research work.

HYPOTHESIS

.provision in this section is very subjective in nature.

Some party use this section as an escape road.

TENATATIVE CHAPTERISATION

Introductions
Where compensation is adequate
Contract involving personal Skill
Contracts of Determinable Nature
Contract requiring Constant supervision
Exceptions
Conclusions
BIBLIOGRAPHY