LAW OF SPECIFIC RELIEF 293
PART II
DIVISION II
Performance of Contract
Specific Performance of a Contract is “its actual execution according to its stipulations and terms; and is contrasted with damages or compensation for the non-execution of the contract.
It is a species of Specific Relief, afforded by ordering a party to do the very act which he is under an obligation ex- contractor to do.
Specific Performance of a Contract
Sections 12 and 21 deal with Specific Performance of a Contract.
Section 21. —Defines contracts which cannot be specifically enforced.
Section 12. —Defines contracts which may be specifically enforced.
Section 21. —There are eight sorts of contracts which are not specifically enforceable.—
(i) Contracts for the non-performance of which money compensation is an adequate relief.
(ii) Contracts (i) running into minute details.
(ii) dependent on personal qualifications or volition of parties.
(iii) is such that Court cannot enforce Specific Performance of its material terms.
(iii) Contracts the terms of which the Court cannot find with reasonable certainty—e.g. necessary appliances.
(iv) Contracts which in its nature is revocable e.g. Partnership without duration.
(v) Contracts by trustees in excess of their powers, or in breach of their trust.