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The general rule is that the performance must be precise and exact: Re Moore & Co and Landauer Co (1921) UK. If the performance of the party to a contract is not precise and exact in the same manner as they have promised, then, the party is in breach of the contract.
Obtaining Specific Performance in a Breach of ContractSpecific performance is a legal remedy that binds the parties of a contract to the terms of the contract. Specific performance asserts that parties to a contract are to perform the exact terms of the contract as they promised to do when then contract was signed.
The parties to a contract must either perform, or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of this Act, or of any other law. Promises bind the representatives of the promisors in case of the death of such promisors before performance,
According to Section 37 of the Indian Contract Act,1872; The parties to a contract must either perform, or offer to perform, their respective promises, unless such performance is dispensed with or excused under the provisions of this Act, or of any other law.
An exception to the general rule is that performance can be mitigated in certain instances. These instances include: Divisible contracts: In a divisible contract, one part of the party's performance is set off against a part of the performance by the other party.
The general rule under the classical law of contract is that performance must be precise and exact, and the courts have at times applied this very strictly. Consider, for example, two cases under the Sale of Goods Act 1893.
The general rule is that performance must exactly match the requirements laid down in the contract, and this is known as entire performance. If the first party fails to perform entirely, the other need pay nothing at all, even if the shortfall in performance actually causes no hardship.
Performance, in law, act of doing that which is required by a contract. The effect of successful performance is to discharge the person bound to do the act from any future contractual liability. Each party to the contract is bound to perform promises according to the stipulated terms.
Performance, in law, act of doing that which is required by a contract. The effect of successful performance is to discharge the person bound to do the act from any future contractual liability. Related Topics: contract.
A complete performance contract is a document that outlines the various terms and conditions that are agreed upon regarding a private or commercial venue. This type of contract is typically used when an artist or entertainer has agreed to perform at an event, like a concert.