Defences to Specific Performance in Law of Contract

by Yogi P - November 16, 2024

Defences to Specific Performance

As we know the specific performance is a powerful remedy, but it’s not always granted. The defendant in a specific performance suit can raise several defences.

Common Defences to Specific Performance

• Inadequacy of Consideration: If the consideration provided by the plaintiff is found to be inadequate, the court might refuse specific performance.
• Lapse of Time: Unreasonable delay in seeking specific performance can be a defence.
• Difficulty in Supervision: If the court finds it impractical to supervise the execution of the contract, specific performance might be denied.
• Mutuality of Remedy: The principle of mutuality requires that the remedy of specific performance be available to both parties and if it’s not available to the defendant, then the plaintiff might be denied specific performance.
• Unclean Hands: If the plaintiff has acted unfairly or fraudulently, the court might refuse specific performance based on the doctrine of clean hands.
• Impossibility of Performance: If the contract has become impossible to perform due to unforeseen circumstances, specific performance might not be granted.
• Hardship: If granting specific performance would cause undue hardship to the defendant, then the court might exercise its discretion to deny relief.

Injunctions and Specific Performance

Injunctions are closely related to specific performance. Injunctions are court orders which prohibit or compel certain actions.

• Prohibitory injunction: It prevents a party from doing something.
• Mandatory injunction: It compels a party to do something.

Injunctions can be used to support specific performance or as a standalone remedy. For example, a prohibitory injunction might prevent a party from selling property that is the subject of a specific performance suit.