This book explores whether specific performance should be available as a general rather than exceptional remedy, by removing or relaxing the restriction of inadequacy test. It also discusses the constraints that affect effective enforcement of a decree of specific performance. It examines the extent to which these limitations are necessary, and whether their limiting effect can be lessened. The book thouroughly investigates and critically analyses various indian judgements involving the question of inadequacy or irreparable loss in contract related proceedings. This work also draws from the experience of practicing advocates, acedemic writings, observations and decisions of Indian Courts.
Table of Contents:
- Remedies for Breach of Contract in Indian Law
- The Remedy for Specific Performance
- The case for and against the Exceptional Nature of Specific Performance
- The Inadequacy Test: Its meaning, Justification and Criticism
- Applying the Inadequacy Test
- Effective Enforcement
- The Inadequacy Test in Indian Law: A Critique
- Conclusion and Two Alternatives
- Appendices
LexisNexis India's Specific Performance of Contracts by Dr. Nilima Bhadbhade
- Publisher: LexisNexis
- Book Code: 9789351432456
- Availability: 10
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Rs650.00