Cases in which specific performances enforceable

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Cases in which specific performances enforceable

Unread postby Admin » Thu Jan 24, 2013 12:55 pm

Cases in which specific performances enforceable
Except as otherwise provided in this chapter, the specific performance of any contract may in the discretion of the Court be enforced-
(a) when the act agreed to be done is in the performance, wholly or partly, of a trust;
(b) when their exists no standard for ascertaining the actual damage caused by non-performance of the act agreed to be done;
(c) when the act agreed to be done is such that pecuniary compensation for its non-performance would not afford adequate relief; or
(d) when it is probable that pecuniary compensation cannot be got for the non-performance of the act agreed to be done.

Explanation. Unless and unless the contrary is proved, the Court shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money, and that the breach of a contract to transfer movable property can be thus relieved.
Illustrations Of clause (a)- .-
Omitted by the Federal Laws (Revision & Declaration) Ordinance, XXVII of 1981.
Of clause (b)-
A agrees to buy, and B agrees to sell, a picture by a dead painter and two rare China vases. A may compel B specifically to perform his contract for there is no standard for ascertaining the actual damage which would be caused by its non-performance.
Of clause (c).
A contracts with B to sell him a house for Rs. 1,000. B is entitled to a decree directing A to convey the house to him he paying the purchase-money.
In consideration of being released from certain obligations imposed on it by its Act of Incorporation, a Railway Company contracts with Z to make an arch way through their railway to connect lands of Z served by the railway to construct a road between certain specified points, to pay a certain annual sum towards the maintenance of this road and also to construct a siding and a wharf as specified in the contract. Z is entitled to have this contract specifically enforced for his interest in its performance cannot be adequately compensated for by money ; and the Court may appoint a proper person to superintend the construction of the archway, road, siding and wharf.
A contracts to sell and B contracts to buy, a certain number of Railway shares of a particular description. A refuses to complete the sale. B may compel A specifically to perform this agreement, for the shares are limited in number and not always to be had in the market, and their possession carries with it the status’ of a share holder, which cannot otherwise be procured.
A contracts with B to paint a picture for B who agrees to pay therefor Rs. 1,000. The picture is painted, B is entitled to have it delivered to him on payment or tender of Rs. 1,000.
Of clause (d)-
A transfer without endorsement, but for valuable consideration, a promissory note to B. A becomes insolvent, and C is appointed his assignee. B may compel C to endorse the note, for C has succeeded to A’s liabilities and a decree for pecuniary compensation for not endorsing the note would be fruitless.
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