By S&S Co. Advocates & Solicitors · Published 20 January 2026 · Informational content, not legal advice. See our disclaimer
The Two Principal Remedies
When a commercial contract is breached, Indian law offers two principal remedies: damages, which compensate the injured party financially for the loss suffered, and specific performance, which compels the breaching party to actually carry out its contractual obligations. The Specific Relief Act, 1963, as significantly amended in 2018, governs when each remedy is available and how courts choose between them.
When Damages Are the Default Remedy
Damages remain the default and most commonly available remedy for breach of contract, aimed at putting the injured party, so far as money can do it, in the position it would have occupied had the contract been performed. Damages are typically the appropriate remedy where the subject matter of the contract (goods, services or money) is readily available elsewhere in the market, so that the injured party can be made whole by an award of compensation and by going out and procuring a substitute.
When Specific Performance Is Available
The 2018 amendment to the Specific Relief Act made a significant shift: specific performance is no longer treated as a purely discretionary remedy available only when damages would be inadequate, but is now the rule rather than the exception for a broad range of contracts, subject to specific statutory exceptions. A court will generally refuse specific performance where compensation in money is an adequate relief, where the contract is dependent on the personal qualifications of a party such that the court cannot enforce material terms, or where specific performance would involve continuous supervision the court cannot practically provide.
Contracts involving unique subject matter (such as a specific parcel of immovable property, rare goods, or shares in a closely-held company not readily available on the market) remain the classic candidates for specific performance, since damages cannot truly substitute for the unique thing bargained for.
Readiness and Willingness: A Precondition for Specific Performance
A party seeking specific performance must plead and prove that it was, at all material times, ready and willing to perform its own obligations under the contract. This is not a mere formality: courts scrutinise conduct throughout the life of the dispute, including whether the claimant had the financial capacity to perform and took genuine steps toward performance, and a failure to establish continuous readiness and willingness can defeat a specific performance claim even where the defendant's breach is otherwise clear.
Compensation in Addition to, or in Lieu of, Specific Performance
The Specific Relief Act also permits a court to award compensation in addition to specific performance, where specific performance alone would not fully compensate the injured party for the breach, or in substitution for specific performance where circumstances make an order of specific performance no longer appropriate by the time the suit is decided. This flexibility allows courts to tailor relief to the practical reality of the dispute rather than being confined to an all-or-nothing choice.
Frequently Asked Questions
Is specific performance now available as of right for every contract?
No. Specific performance is more readily available after the 2018 amendment, but statutory exceptions remain: including contracts requiring continuous court supervision, contracts dependent on personal skill or qualification, and cases where monetary compensation is truly adequate relief.
What does 'readiness and willingness' actually require a claimant to show?
Continuous financial capacity and genuine intent to perform one's own obligations under the contract throughout the relevant period: not merely a bare assertion in the plaint that the claimant was willing to perform.
Can a court award both damages and specific performance?
Yes. Courts can award compensation in addition to specific performance where specific performance alone would not fully make good the loss caused by delay or partial breach.
Which remedy should a business pursue for breach of a supply contract?
Ordinarily damages, since substitute goods are usually available in the market: specific performance is generally reserved for contracts involving genuinely unique subject matter that cannot be readily replaced.
References & Further Reading
This article references the following statutory provisions. Readers should always verify current rules, fees and timelines against the applicable statute and rules as amended, since these are revised from time to time.
- The Specific Relief Act, 1963, as amended by the Specific Relief (Amendment) Act, 2018, Sections 10, 14, 16 and 20.
- The Indian Contract Act, 1872, Sections 73 and 74 on compensation for breach of contract.