A contract is an agreement upon sufficient consideration to do or not to do a particular act.

The
party on whom this contractual obligation rests must not fails to discharge such obligation. In
case of his failure, the other party will have a right sue for performance of the contract. This is
called Specific Performance. Orders of specific performance are granted when damages are not
an adequate remedy, and in some specific cases such as land sale. Such orders are discretionary,
as with all equitable remedies, so the availability of this remedy will depend on whether it is
appropriate in the circumstances of the case. (Under Sec.12, Specific Relief Act, 1877) This case
falls under specific performance. Specific performance should not be the primary remedy for
breach of contract but specific performance should only be available if it is the appropriate
approach in the particular circumstances of the case. And therefore, this case has fallen into this
point.
In this case Mr. Dey would be compelled to go through with the sale. Because contract act
(Sec12 Cl.A,b,c,d of the Specific Relief Act,1877) tells if there exist no standard for ascertaining
the actual damage caused by the non-performance of the agreed to be done specific performance
would be used by court. In this case the contract is for the sale of this unique property, mere
money damages will not remedy the purchaser's situation.
According to section 12 of the Act, the specific performance of contract can be enforced in the
following cases: If there exists no standard for ascertaining the actual damage caused by the non-
performance of the act which agreed to be done, when pecuniary compensation for its non-
performance would not afford adequate relief, when it is probable that pecuniary compensation
cannot be got for the non- performance of the act agreed to be done. In this case pecuniary
compensation is not enough or adequate relief.
On the other hand, there can be some other incidents. Here would not be any specific
performance if, it gives the plaintiff an unfair advantage over defendant, involve some hardship
on the defendant and If the plaintiff has done substantial acts or suffered losses in consequences
of a contract capable of specific performance (Sec.22 Cl.3 of the Specific Relief Act,1877).
Another thing can be happened, the rare vase was broken at the time when Mr. Winnee came to
receive that it would not fall in specific performance, rather it would go for Frustration. The case
would be dissolved Section56, Contract Act.
In brief, we can say that specific performance is required when a unique object or piece of
property is involved in the case and money damages will not be enough to compensate the
injured person for the loss of the specific item. And Mr. Dey has to give the vase to Mr. Winnee
according to contract act. Because A party who refuses to fulfill an order for specific
performance may face multiple consequences, including being held in contempt of court and
heavy fines or monetary penalties.