From whom a contract may specifically be enforced
Who may obtain specific performance of the contract
Persons who are entitled to specific performance of the contract
1. Introduction:
Specific performance is the actual performance of a contract. the plaintiff is entitled to have the specific thing wherefore he has contracted. there are some circumstances when a contract cannot be specifically enforced.
2. Definitions:
According to Doemory:
Specific performance of contract consists in the contracting party is exact fulfillment of the obligation which he has assumed in his doing or omitting the very act which he has undertaken to do or not to do.
According to Fry:
The 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.
3. Relevant Provisions:
Sec. 23 of specific relief act.
4. Doctrine of specific performance of a contract:
The specific performance of a contract is its actual execution according to its stipulations and terms and is contrasted with damages or compensation for no execution of the contract.
5. Nature of specific performance:
Specific performance is a discretionary remedy. it will not be allowed when the damages by breach can be compensated with money.
6. Essentials of enforceable contract:
- There should be a contract.
- There should be nothing against the enforcement of such a contract.
- The act to be done is in the performance of a trust, or if there exists no standard for ascertaining the actual damage.
- When the pecuniary compensation would not afford adequate relief itself.
- When it is probable the pecuniary compensation cannot be enough for the nonperformance of the act agreed to be done.
- The court deems it fit to exercise its discretionary power.
7. Who may obtain specific performance of a contract
I. Any party:
Any party to the contract can sue in a court of law for obtaining specific performance of the contract.
Case law
1992 CLC 1688
It was held that one of the promises can file suit for specific performance of the contract but the other should be joined in a suit as defendants if they so desire can be transposed as plaintiffs.
II. Representative in interest:
The representative in interest or the principal of any party thereto.
Exceptions:
(i) Where the learning skill, solvency, or any personal quality of such party is a material ingredient in the contract.
III. Any person beneficially entitled:
Where the contract is a settlement on marriage or a compromise of doubtful rights between members of the same family, any person beneficially entitled there under.
IV. Remainder man:
Where the contract has been entered into by a tenant for life in due exercise of power, the remainder man.
V. A reversioner in possession:
A reversioner in possession where the agreement is a covenant entered into within predecessor in title and the reversioner is entitled to the benefit of such convent.
VI. A reversioner in remainder:
A reversioner in the remainder. where the agreement is such a convent and the reversioner is entitled to the benefit thereof and will sustain material injury by reasons of its breach.
VII. Amalgamated company:
When a public company has entered into a contract and subsequently becomes amalgamated with another public company, the new company arises out of the amalgamation.
VIII. Company:
When the promoters of a public company have before its incorporation entered into a contract for the company and such contract is warranted by the terms of the incorporation, the company.
4. Conclusion:
To conclude I can say that, the specific performance of a valid contract may be obtained from any part of the contract, beneficially entitled persons, remainder man, amalgamated company, and by a company.
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