294 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
(vi) Contracts by company in excess of its powers. (vii) Contracts the performance of which involves the performance of a continuous duty extending over a longer period than 3 years from its date.
(viii) Contracts material part of the subject-matter supposed by both to exist has ceased to exist. (ix) Contracts to refer a controversy to arbitration. Note. Practically Specific Performance because no right of suit is given.
Specific Performance of Contracts
Section 12
- There are four cases in which Specific Performance may be enforced.
(i) Where act promised is in performance of a trust.
(ii) Where there is no standard to ascertain actual damage.
(iii) Damages, no adequate relief.
(iv) Compensation for non-performance cannot be got.
Contract
The first question to be determined by the Court in a suit for Specific Performance of an agreement is, whether the agreement in question is a contract or not. Section 4 (a) — right to relief unless agreement is a contract.
The following agreements are not contracts because they are not enforceable and are therefore excluded:—
(i) Incomplete agreements—Parties not gone beyond the stage of negotiations;
(ii) Agreements which are void.
(iii) Contingent agreement—until the contingency has applied . . . should be “arisen”.
Voidable contracts are not excluded.
There must always be a contract before the Court which has been unperformed.
Mutuality —The remedy by way of specific performance is mutual, i.e., the vendor may bring his action in all cases where the purchaser can be sure for specific performance.