Specific performance, with its genesis in Equity and progression with
contemporary desideratum, has come to pervade the domain of Civil Law,
in particular, where the contractual obligations are flouted by way of
breach of contractual stipulations. It prescribes the remedies to make
good the loss suffered for the transgression of the terms of contract. ‘Ease of doing business’
is the catchphrase in the business world today where contractual
relationships play a crucial role. But, the relief of ‘specific
performance’ in vogue prior to the amendments in the Act, being a
discretionary relief, was not sufficient enough to infuse confidence in
the business community to do business in India.
Practical and user-friendly approach
The instant edition of this book is a thoroughly revised and up-to-date
one incorporating recent legislative changes and judicial pronouncements
of Supreme Court and High Courts, in addition to the cases from
American and English laws to make the book practically useful for
users. Relevant and contemporary topics, such as Equity, Estoppel,
Damages, Compensation, Restitution, Fraud, Pre-emption, Injunction, to
mention a few.
New topics incorporated
It goes without saying that law is a dynamic subject. Therefore, recent
changes, both legislative and judicial, have necessitated the inclusion
of new topics touching upon the core of law of specific performance to
make the present edition more pragmatic and effectively useful for the
readers. Numerous topics, such as, substituted performance of contract,
objective theory of contract, doctrine of mitigation, doctrine of
mutuality, vicarious performance, concept of right to recover, power to
engage expert by the court, to name but a few, along with the relevant
topics in English and American laws have been discussed extensively to
make the book more practical and useful.
Recent amendments included
To make the book up-to-date and comprehensive, the Specific Relief
(Amendment) Act, 2018 has been extensively dealt with. Different topics
of practical utility have been incorporated in the light of the recent
amendments in the Act. The instant work is an asset to the library of a
civil practitioner.
Goyle's Law of Specific Performance [HB] by S. K. Pathak | Eastern Law House
- Publisher: Eastern Law House
- Book Code: 9788171773596
- Availability: 10
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Rs1,650.00