Short Title (Abstract)
Guided by established principles of Common Law that view damages
as the presumptive remedy and specific performance as an alternate,
discretionary remedy, the Specific Relief Act 19631
('Act') has sought to protect civil and contractual rights
in the event of breach of contract. However, the new Amended
Act2 (introduced in October 2018), seemingly deviating
from these principles in an attempt to create a more
business-friendly and secure environment, makes a significant
change worthy of speculation: It seeks to enforce specific
performance as a rule and damages as an alternative remedy.
Moreover, in the absence of transitional or savings provisions, the
Amended Act has sparked debate regarding its nature (Substantive v.
Procedural) and application (Retrospective v. Prospective), which
is significant in order to assess the real – time impact of
the Amendment.
