To have a specific performance clause invoked, an injured party must prove that the contract is valid, that they have lived up to the terms of the contract, that the defendant could have done the same but did not do so, and that a monetary award is not sufficient.
Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. To safe guard the right of the perform who seek equitable relief the Act was enacted it is called Specific Relief Act 1963.
Performance agreements define executive accountability for specific organizational goals, help executives align daily operations, and clarify how work unit activities contribute to the agency's goals and objectives.
Parties often seek specific performance in cases where the contract's subject matter is unique or monetary damages would not adequately compensate the injured party. This remedy is typically only available when no other remedy, such as monetary damages, sufficiently compensates the injured party.
The specific performance is also an equitable relief. The plaintiff seeking this remedy must first satisfy the court that the normal remedy of damages is inadequate, the presumption being that in cases of contracts for transfer of immovable property , damages will not be adequate.
Requirements to Win a Specific Performance Lawsuit 1) A valid, enforceable contract exists. 2) The buyer proves readiness and willingness to fulfill all contract terms. 3) The seller refuses to complete the sale without legal grounds.
``Please provide your assessment of your overall performance. Include what you accomplished and how well it was completed. Cite your strengths and weaknesses, obstacles you experienced, challenges you overcame, new responsibilities you took on, new skills you acquired and anything else you feel is relevant.''
What to include in a performance report Timeframe of performance report. Past performance analysis. Customer acquisition rates. Synopsis of changes approved. Status levels of risks and issues. Market share and market ranking information. Variance analysis results. Work completed during the reporting period.
How to write employee performance reviews Step 1: Review the employee's current job description. Step 2: Review past employee performance reviews. Step 3: Highlight areas of improvement. Step 4: Identify strengths and weaknesses (and chart progress) ... Step 5: Provide actionable goals. Step 6: Include 360-degree feedback.
Here are some things to keep in mind when writing performance evaluation comments: Review past and present performance. Be honest and clear. Provide concrete examples. Choose your words carefully. End on a positive note.