There are certain remedies available for breach of contract and specific performance:

1. Breach of contract means one party doesn’t do what they promised.


2. The other party can ask for damages, which is money to make up for the loss.


3. They can also ask to cancel the contract if it’s impossible to perform.


4. Restitution means getting back any money or benefits given under the contract.


5. Injunction stops the other party from doing something that breaks the contract.


6. Specific performance means asking the court to order the other party to actually do what they promised.


7. It’s used when money isn’t enough to fix the problem, like in property deals.


8. Courts decide based on fairness and may refuse if it’s too hard or unfair.


9. Not all contracts can be enforced by specific performance—some are too personal or complicated.
Overall, these remedies protect the party who didn’t break the contract.

Remedies for breach of contract in India include damages (compensatory, nominal, or liquidated), rescission, restitution, injunction, and specific performance. The principle of **specific performance**, governed by the Specific Relief Act, 1963, compels the defaulting party to fulfill their contractual obligations when monetary compensation is inadequate, especially in contracts involving unique goods or immovable property. Courts grant it at their discretion, subject to fairness and feasibility.

When a contract is breached, the aggrieved party is entitled to seek legal remedies under the Indian Contract Act, 1872, and the Specific Relief Act, 1963. The objective of these remedies is to place the injured party in the same position they would have been in had the contract been properly performed.
Remedies for Breach of Contract:
Damages (Compensation):
Ordinary Damages: Compensation for the direct loss caused due to the breach.
Special Damages: Compensation for loss arising from special circumstances, only if such circumstances were known to both parties at the time of contract.
Exemplary (Punitive) Damages: Rarely awarded; meant to punish willful breaches (e.g., breach of promise to marry).
Nominal Damages: A small sum awarded when there is a breach, but no actual loss is proven.
Rescission of Contract:
The aggrieved party may cancel (rescind) the contract and is not bound to perform their obligations under it anymore.
Restitution:
When a contract is rescinded, any benefit received by either party must be returned, placing them back in their original positions.
Quantum Meruit:
If a contract is partly performed and then breached, the party who performed a part may claim reasonable compensation for the work done.
Specific Performance:
In certain cases, the court may direct the breaching party to actually perform the contract instead of paying damages.
Principle of Specific Performance:
Specific performance is an equitable remedy under the Specific Relief Act, 1963 (amended in 2018). It is used when monetary compensation is inadequate to remedy the harm caused by the breach.
Key Features:
The court orders the party in breach to fulfill their obligations as per the terms of the contract.
Mostly granted in contracts related to immovable property, unique goods, or personal performance that cannot be compensated with money.
Conditions for Granting Specific Performance:
There exists a valid and enforceable contract.
The terms are certain and clear.
Monetary compensation is inadequate.
The party seeking performance has performed or is willing to perform their part.
Contracts Not Specifically Enforceable:
Contracts that involve personal skill or service.
Determinable contracts (contracts that can be ended at will).
Contracts that involve continuous duties that courts cannot supervise.

Remedies for Breach of Contract in India
When a contract is breached (i.e., one party fails to perform their obligations), the aggrieved party can seek remedies under the Indian Contract Act, 1872, to address the loss or enforce the contract. The primary remedies are:

Damages (Section 73, Indian Contract Act):
Compensatory Damages: The aggrieved party is entitled to compensation for losses directly and naturally arising from the breach (ordinary damages). For example, in Hadley v. Baxendale (1854, a foundational case applied in India), losses must be foreseeable at the time of contracting.
Consequential Damages: Covers indirect losses if they were contemplated by both parties when entering the contract.
Nominal Damages: Awarded when no actual loss is suffered but a breach is established.
Liquidated Damages: If the contract specifies a pre-agreed sum for breach (Section 74), the court awards this unless it’s deemed a penalty (unreasonably high), in which case only reasonable compensation is awarded.
Exemplary/Punitive Damages: Rare in contract law but may be awarded in cases of egregious breach, like dishonor of cheques.
Specific Performance:
A court orders the breaching party to perform their contractual obligations. Governed by the Specific Relief Act, 1963, it’s discussed in detail below.
Injunction:
A court order restrains a party from doing something (prohibitory injunction) or mandates an action (mandatory injunction) to prevent or remedy a breach. For instance, in Gujarat Bottling Co. v. Coca Cola Co. (1995), an injunction was granted to prevent breach of a franchise agreement.
Governed by Sections 38–42 of the Specific Relief Act, 1963.
Rescission:
Under Section 39 of the Indian Contract Act, the aggrieved party can cancel the contract if the breach is fundamental. The party may also seek restitution for benefits provided under Section 65.
Quantum Meruit:
Allows recovery of reasonable compensation for work done under a contract before the breach, where full performance is prevented. For example, if a contractor partially completes a building before the other party breaches, they can claim payment for work done.
Restitution:
Under Section 65, if a contract becomes void or is rescinded, any party who received benefits must restore them or pay compensation. This prevents unjust enrichment.
Principle of Specific Performance
Specific performance is an equitable remedy under the Specific Relief Act, 1963 (Sections 10–25), where a court compels the breaching party to fulfill their contractual obligations instead of awarding damages. It’s typically sought when monetary compensation is inadequate to address the loss, such as in contracts involving unique property.

Legal Framework

Section 10, Specific Relief Act: Specific performance is granted when:
The act is specifically enforceable (e.g., contracts involving immovable property or unique goods).
Monetary compensation is inadequate.
The court finds it just and equitable to grant the remedy.
Section 14: Lists contracts where specific performance is not enforceable, such as contracts for personal services, contracts requiring continuous supervision, or contracts that are vague.
Section 16: Bars specific performance if the plaintiff fails to perform their part, seeks relief with unclean hands, or delays unreasonably (laches).
Key Principles

Discretionary Remedy:
Courts exercise discretion, balancing equity and practicality. In Sardar Singh v. Krishna Devi (1994), the Supreme Court emphasized that specific performance is not automatic and depends on the case’s facts.
Courts consider factors like fairness, hardship to the defendant, and whether the contract is determinable.
When Granted:
Commonly ordered for contracts involving immovable property (e.g., land, houses) because such assets are unique, and damages may not suffice. For example, in Anand Ram v. Jai Chand (2018), specific performance was granted for a land sale agreement.
Also applies to movable property if the item is unique (e.g., rare artwork) or not easily replaceable.
In commercial contracts, specific performance may be granted if damages are inadequate, such as for exclusive supply agreements.
When Not Granted:
Personal Service Contracts: Courts cannot enforce contracts dependent on personal skills (e.g., employment contracts), as per Section 14(1)(b).
Contracts Requiring Continuous Supervision: For instance, a contract to maintain a property cannot be specifically enforced due to monitoring difficulties.
Impossibility or Hardship: If performance causes disproportionate hardship to the defendant (Section 20), the court may refuse relief.
Unclean Hands: If the plaintiff has acted unfairly or breached their obligations, specific performance is denied (Section 16).
Judicial Trends:
In Satya Jain v. Anis Ahmed Rushdie (2013), the Supreme Court clarified that specific performance is the default remedy for immovable property contracts unless strong reasons justify refusal.
The Specific Relief (Amendment) Act, 2018, made specific performance a primary remedy rather than an exception, reducing courts’ discretion to refuse it except in specific cases (e.g., Section 14). This amendment emphasizes enforceability over damages for certain contracts.
Courts may award compensation alongside or instead of specific performance if partial enforcement is possible (Section 12).
Effects on Property Rights and Contracts

Strengthens Contractual Obligations: Specific performance ensures parties adhere to their promises, particularly in real estate, where land is a finite resource.
Protects Unique Assets: It safeguards the aggrieved party’s interest in unique properties or goods, unlike damages, which may not fully compensate.
Limits Flexibility: The remedy can burden defendants, especially if circumstances change (e.g., financial hardship), though courts mitigate this through equitable discretion.
Encourages Timely Action: The doctrine of laches requires plaintiffs to seek relief promptly, ensuring fairness and preventing stale claims.

the remedies available are compensation ,specefic performance and in case of preventive relief injunctions
the specific performance principles meand after breach the remedy ask by the party can be the performance mandatory.

There are two equitable remedies available for breach of contract:
1. Specific performance
2. Injunction as preventive relief
The doctrine of specific performance is an equitable remedy granted by a court in breach of contract cases, compelling a party to fulfill their contractual obligations instead of simply awarding monetary damages.

There are two equitable remedies available for breach of contract:
1. Specific performance
2. Injunction as preventive relief
The doctrine of specific performance is an equitable remedy granted by a court in breach of contract cases, compelling a party to fulfill their contractual obligations instead of simply awarding monetary damages

Under Indian Contract Act , 1872 When a contract is broken by one party, the other party has legal remedies. The main remedies includes :
1.Damages : Damages in contract law refer to a monetary compensation awarded to a party who suffers a loss or injury due to the breach of contract by the other party. The purpose of damages is to compensate, not to punish. The goal is to place the injured party in the position they would have been in had the contract been performed properly.
Case Law :
Hadley v. Baxendale (1854) – Laid down the rule for remoteness of damages. Only foreseeable losses can be claimed .

2. Specific performance ( specific relief act 1963) : it means a court order compelling the party in breach to perform their contractual obligations as agreed.
Specific performance is generally awarded when damages are not an adequate remedy (e.g., unique property).

3. Injunction (Specific Relief Act, Sec. 36–42) : it is a judicial order restraining a person from doing (prohibitory) or compelling them to do (mandatory) a particular act.
Example:
A singer contracts to perform only at B’s theatre. A tries to perform elsewhere. B can seek an injunction to stop A.
Case Law:
Lumley v. Wagner (UK) – Injunction granted to prevent a breach of exclusive singing contract.

4. Rescission (Section 39, Contract Act; Specific Relief Act) : rescission refers to the process by which a contract is cancelled or terminated, returning the parties to the position they were in before the contract was made. It is a remedy that voids the contract, releasing the parties from their contractual obligations .
Example: A sells a plot to B by misrepresenting its size. B can rescind the contract and recover the money paid.

5. Restitution :
the doctrine of restitution is concerned with the restoration of benefits received by one party under a contract that is either void or becomes unenforceable. The underlying rationale is simple: a party should not be allowed to retain an advantage that is not rightfully theirs.
When a contract fails for reasons such as a lack or failure of consideration, mistake, coercion, or fraud then the law mandates that the party who has received any benefit must restore it to the rightful owner. This ensures that the original status quo is maintained, and neither party gains an unjust enrichment from a contract .

Principles of Specific Performance
1.When Specific Performance Can Be Enforced (Section 10 & Section 11)
The court shall enforce specific performance in the following cases:
a. When monetary compensation is inadequate: Property or item is unique or irreplaceable.
Example: Contracts for sale of land, antiques, rare works of art.
b. Where performance is enforceable by law: The contract must be valid, lawful, and not vague.
c. Where the contract contains agreed terms that can be precisely enforced.
2. Substituted Performance (Section 20, after 2018 Amendment)
If one party breaches the contract, the aggrieved party can get the work done through a third party, and recover the cost from the defaulting party. After substituted performance, specific performance cannot be claimed. The aggrieved party must give 30 days’ notice before getting substituted performance done.
3.Plaintiff Must Be Ready and Willing (Section 16)
The party seeking specific performance must prove that they were:

Ready: Financially and practically able to perform.
Willing: Mentally and legally willing to fulfill their obligation at all times.
4. Specific Performance of Part of Contract (Section 12)
Generally, entire contract must be performed. But in exceptional cases, partial specific performance may be allowed if:The unperformed part is minor, and
Compensation can be paid for the part not performed.