Section 14 of SRA : Section 14: Contracts Not Specifically Enforceable

SRA

JavaScript did not load properly

Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.

Explanation using Example

Let's consider a hypothetical scenario to understand the application of Section 14 of The Specific Relief Act, 1963:

Imagine that Rahul, a musician, enters into a contract with a music label, agreeing to perform at a series of concerts over the next year. However, Rahul later decides to retire from performing live. The music label seeks specific performance of the contract, wanting the court to compel Rahul to perform as agreed.

Here's how Section 14 applies:

  • If Rahul has arranged for another competent musician to perform in his place and the music label has accepted this substituted performance, then under (a), the contract cannot be specifically enforced because a substitute has been accepted.
  • If the contract requires Rahul to perform at numerous concerts over an extended period, the court may find that this involves a continuous duty that it cannot supervise, as per (b), and therefore, cannot specifically enforce the contract.
  • Since Rahul's performance is highly personal and based on his unique skills and celebrity status, clause (c) suggests that the court would likely be unable to enforce the specific performance of the contract's material terms because it is dependent on Rahul's personal qualifications.
  • Lastly, if the contract includes a clause that allows either party to terminate the agreement under certain conditions, making it determinable in nature, then according to (d), specific performance cannot be enforced.
Update: Our AI tools are cooking — and they are almost ready to serve! Stay hungry — your invite to the table is coming soon.

Download Digital Bare Acts on mobile or tablet with "Kanoon Library" app

Kanoon Library Android App - Play Store LinkKanoon Library iOS App - App Store Link