Typically, contracts are basic tenets of the world of commerce. Broadly, there exist two sets of remedy for a breach of contract in India. One by way of damages under the Indian Contract Act, 1872, and the other by way of specific performance under the Specific Relief Act, 1963.
While the remedy by way of damages has been largely prevalent and preferred in India, remedy by way of specific performance has been used sporadically, historically speaking.
The Specific Relief Act, first introduced in 1877, among others, envisages a judicial redress through an exact fulfilment of an obligation arising out of a contract, and provides for performance of the contract as opposed to avoidance or non-performance of contract by payment of compensation.
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Monali Dutta is a Principal – Infrastructure, Projects and Corporate Advisory, at Advaita Legal. Sudipta Bhattacharjee is a Partner – Tax, Controversy Management and Contract Documentation, at Advaita Legal
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