Legal Question in Civil Litigation in India
specific performance of contract
A has entered into a contract of exclusive personal services with another person B.due to an accident that B has met with he is unable to sign any cheques.Now as A is not getting any money he entered in another contract of same personal services with C. Under normal circumstances this would have been refered as the breach of Contract,but can we call the 2nd contract of A &c as the breach of contract & can B sue A for damages & ask for the specific performance?
2 Answers from Attorneys
Re: specific performance of contract
In this case, since B was hospitalised therefore he could not perform his part of the contract. Thus he has no locus to file a case of breach of contract and specific performance. However, in order to give definite opinion, one must look at the contract between A and B and the nature of service involved.
Re: specific performance of contract
The whole episode depends on the clauses of the agreements entered into. You need to contact a good lawyer.
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