LAW OF SPECIFIC RELIEF 297
Sections 14, 15, 16 form exceptions to the rule.
Exceptions : The promises undertaken—may be divisible or indivisible.
I. Divisible promises i.e. promises—one part stands on a separate and independent footing from another part. If the former can and might be specifically performed it will be so enforced, although the latter cannot or ought not to be specifically enforced—Section 16.
II. Indivisible promisers. —The part which cannot be performed may—
(i) Admit of compensation by money or,
(ii) It may not.
(A) Admits of compensation—Two cases
It may bear—
(i) A small proportion to the whole undertaking,
(ii) A large proportion to the whole undertaking.
If—(i) it bears a small proportion, then a party sue for specific performance of either part and for damages for nonperformance of the balance—Section 14.
If—(ii) it bears a large proportion, then the promise may sue for Specific Performance of the remaining part, if he relinquishes all claim to further performance and all right to damages.
(B) Part which cannot be performed, does not admit of compensation
Then the promisee may sue for Specific Performance of the remaining part, if he relinquishes all claim to further performance and all right to damages— Section 15.
Illustration
A contracts to sell to B an estate with a house and garden for 1 lakh. The garden is important for the enjoyment of the house. It turns out that A is unable to convey the garden.
Can B obtain specific performance to the contract ?—Yes, if B is willing to pay the price agreed upon and to take the estate and house without garden, waiving all rights to compensation either for the deficiency or for loss sustained by him through A’s neglect or default.