Notes

SPECIFIC PERFORMANCE OF CONTRACTS

SPECIFIC PERFORMANCE OF CONTRACTS Specific performance is equitable relief given by a court in case of breach of contract in the form of a judgment that the defendant is to actually perform the contract according to its terms and stipulations. From every contract there immediately and directly results an obligation on each of the contracting parties towards the other to perform such of the terms of the contract as he has undertaken to perform.

RESCISSION OF CONTRACTS

RESCISSION OF CONTRACTS The rescission of contract necessarily constitutes a bar to its performance by either of the party to it (Chapter XXIV). Any person on whom the burden of a contract has been imposed by means of a fraud or illegality or something equivalent which makes the contract either void or voidable may ask the court to declare the contract as non-binding. This is rescission, that is, getting rid of a contract.

DECLARATORY DECREES

DECLARATORY DECREES Sections 34 and 35 lay down the law relating to declaratory decrees. A declaratory decree is a decree declaratory of a right which is doubtful or which requires to be cleared. The object of declaratory decrees is to prevent future litigation by removing the existing cause of the controversy.