Law of Specific Performance by S K Pathak
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.