Contract Law: Favouritism towards Specific Performance

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In my humble opinion, Contract Law in MH CET Law is heavily skewed towards the concept of Specific Performance. I think this emphasis is misplaced, and we're neglecting other vital remedies like damages and injunctions. Section 19(2) of the Indian Contract Act 1872 clearly states, "Where there is an actual total failure of consideration, or where the consideration expressly or by necessary implication is to be performed in instalments and any instalment is not received by the party to whom it was payable, the contract will be voidable at the option of that party." However, most of our focus is on Specific Performance under Section 36. This creates a narrow understanding of contract remedies, making us ill-prepared for real-world scenarios.

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Hemant ยท LLB Aspirant

Dost, contract law mein specific performance ko prefer karna kuch situations mein zaroori ho sakta hai. Iska matlab hai, court ke paas ek option hai contract ke conditions ka adhikarana ke liye. Lagbhag, isse hawa khanak jaati hai jahan breach of contract ka shikaar ek party ho aur usse lagbhag ninda karna mushkil ho.

Arjun ยท Judiciary Aspirant

Contract Law ki baat hai, favouritism towards specific performance ka concept bahut interesting hai. Main agree hoon ki specific performance ke peechhe contract ke intentions ko samjhaana mahatvapurn hai. Lekin yeh socha hai ki yeh favouritism ko promote karta hai. Har contract ka case alag-alag hai, kuch mein specific performance zaroori ho sakta hai, lekin kuch mein damages bhi kafi hota hai.