Can a court order specific performance of a contract?

Contracts & Business Law

Yes. Section 540 allows an affected party to claim specific performance where monetary compensation would not be reasonable and adequate. Specific performance requires the contractual obligation itself to be carried out.[3]

When it is unavailable

The Code excludes specific performance in situations including where money is adequate compensation, the court cannot reasonably supervise performance, the contract concerns personal skill or knowledge, or actual performance is no longer possible.[3]

Sources

  1. Nepal Law Commission, **National Civil Code, 2074**, ss. 540–541, specific performance and preventive relief. View source
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