Legal Services in Pakistan

By Barrister Aemen Zulfikar Maluka

Barrister Aemen Zulfikar Maluka

It is a trite fact that the courts will avoid awarding specific performance of contracts in personal services contracts.Even then many lawyers insist upon adding the clause of specific performance in the contracts of personal services .In our view, there is little point in including provisions known to be unenforceable in the relevant jurisdiction and this is a commonly held view in many jurisdictions. Also, as lawyers we should avoid adding any clause which amounts to engaging in conduct which may be deemed as misleading and deceptive later on.

Have a question on enforcing Specific Performance Terms and Contracts in Pakistan? Hire Pakistan’s top legal team now.Call us +92300-5075993 or email us at [email protected]

 On a more philosophical note, the attitude of the courts is reminiscent of the respect for free will of the individual who would be, in theory, ‘forced’ to do something via an order of specific performance. In such a situation, the courts feel much more comfortable in awarding money damages.

On the contrary, in civil law legal systems, (remember Pakistan is a common law system just like the UK) specific performance a much more preferred remedy for a court to award, and damages are, well, the sub-optimal option. The courts will however look into whether specific performance appears to be the most desirable solution and whether damages are a more effective and preferred outcome.

However, for both common law and civil lawyers, it would be wise to insert a specific performance clause, if the party with which your client is are contracting would add value over and above what another individual/company possible could, to the performance of the contract.

By The Josh and Mak Team

If you are reading this, chances are we will become your favourite virtual law firm at some point. In an economy where businesses have lost their strategic edge and are forced to reconsider their traditional concepts of consulting bricks and mortar law firms, which bill by the minute, we can provide you with affordable quality legal advice, delivered anywhere in the world. Since 2010, our firm has already pioneered and adopted the concept of honest and practical legal advice, delivered straight to your email inbox. In the post Covid19 era, working with the Josh and Mak Team means that, you will get the same commitment, discipline and work ethic, without the heavy Bricks and Mortar and the financial baggage which comes with the latter. Let your choice to work with Josh and Mak International become your unfair strategic advantage over your business competitors of the past, present and the future!

This site is protected by

Copy Protected by Chetan's WP-Copyprotect.