LAW OF SPECIFIC RELIEF 295
This principle of mutuality applies both in the case of immoveables and moveable.
Doctrine of mutuality — This means, that at the time of making of the contract, there must have been consideration on both sides or promises mutually enforceable by the parties. Hence specific of performace of a gratuitous promise under Seal will not be granted nor can an infant enforce a contract by this remedy. His promise is not enforceable against himself and it is a general principle of Courts of equity to interfere, only where the remedy is mutual.
Section 13
Specific performace of contract and impossibility of performance. Section 56 of the Contract Act.
Section 56 clause 2 enacts a general rule. It lays down when a contract becomes void.
This rule covers every ground of impossibility and is based on the assumption, that there is, in all cases of contract, an implied condition that performance shall be possible.
Impossibility in relation to contract.
Impossibility
(1) at the time or (2) subsequently
Physically or or legally impossible
or subject matter of contract not existent
Subsequent Impossibility
Whether a party can be relieved upon discovery, subsequent impossibility depends upon—
(i) Whether the contract is conditional or unconditional.
(I) If unconditional— must perform
(II) If conditional—on three circumstances
(i) Continuing legality.