Personal bars to the relief

In this Forum of Law, we will post the laws and discuss about the specif Relief Act and related law including the Temporary and permanent Injunction laws, Recovery matters, Declaration, Cancellation and specif Relief.

Personal bars to the relief

Unread postby Admin » Thu Sep 27, 2012 7:46 pm

Personal bars to the relief

Specific performance of a contract cannot be enforced in favour of a person-
(a) Who could not recover compensation for its breach;
(b) Who has become incapable of performing, or violates, any essential term of the contract that on his part remains to be performed;
(c) Who has already chosen his remedy and obtained satisfaction for the alleged breach of contract; or
(d) Who, previously to the contract, had notice that a settlement of the subject-matter thereof (though not found on any valuable consideration) had been made and was then in force.

Illustrations .
to clause (a)
A, in the character of agent for B, enters into an agreement with C to buy C’s house. A is in reality acting not as agent for B but on his own account. A cannot enforce specific performance of this contract.

to clause (b)
A contracts to sell B a house and to become a tenant thereof for a term of 14 years from the date of the sale at a specified yearly rent. A becomes insolvent. Neither he nor his assignee can enforce specific performance of the contract.
A contracts to sell B a house and garden in which there are ornamental trees, a material element in the value of the property as a residence. A without B’s consent fells the trees. A cannot enforce specific performance of the contract.
A, holding land under a contract with B for a lease/commits waste, or treats the land in an unhusband like manner.
A cannot enforce specific performance of the contract.
A contracts to let, and. B contracts to take, an unfinished house, B contracting to finish the house and the lease to contain covenants on the part of A to keep the house in repair. B finishes the house in a very defective manner, he cannot enforce the contract specifically though A and B may sue each other for compensation for breach of it.

to clause (c)
A contracts to let, and B contracts to take a house for a specified term at a specified rent. B refuses to perform the contract. A thereupon sues for, and obtains, compensation for the breach. A cannot obtain specific performance of the contract.
Iqbal International Law Services®
info@iqballawservices.com
Phone: 0333-2171556
Admin
Site Admin
 
Posts: 463
Joined: Tue May 22, 2012 7:28 pm
Location: Karachi, Pakistan

Return to Specific Relief Law

Who is online

Users browsing this forum: No registered users and 1 guest

cron