Who Cannot Be Compelled To Perform The Specific Performance
1. Introduction:
The Specific Relief Act provides details of such persons who cannot be compelled to perform the specific performance of the compelled to perform the specific performance of the contract. where persons under misrepresentation, fraud, mistake, or accident entered into the contract, such persons cannot be compelled to perform.
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. 28 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. Application of Sec. 28:
Specific relief relates to contracts that cannot be enforced because they are invalid on account of Fraud, undue advantage misrepresentation, etc., it does not apply to contracts that are legally valid though there is an unfair advantage on one side.
8. Persons who cannot be compelled to perform:
In the following cases, persons cannot be compelled to specific performance of the contract.
(i) Inadequacy of Consideration:
Mere inadequacy of consideration is no ground for dismissing a suit for specific performance.
Consideration Must be Grossly Inadequate:
Unless and until the consideration of a contract is grossly inadequate, the present section cannot apply.
Undue Advantage:
"Undue advantage" includes coercion and undue influence.
(ii) Assent Obtained by Misrepresentation:
This clause extends over a vast range of circumstances that stand in the way of the specific performance of a contract,
Misrepresentation:
The misrepresentation must have been made concerning the contract in question, and with a view to induce the other party to enter it.
Concealment:
Concealment of a fact which is material, and which the other party would have come to know.
Circumvention:
This word means fraud. It denotes a trick or device that induces the giving of one character of the instrument under the belief that it is one of a different character.
Unfair Practice:
The silence is not fraudulent but creates a case of Such hardship to prevent the interference of the court in specific performance.
Undue Influence:
Any act or conduct on the part of the plaintiff that was "given" under the influence.
(iii) Mistake of Fact:
This clause mentions mistake of fact only; it has no reference to mistake of law.
Misapprehension:
The term 'misapprehension' means a mistake regarding the effect of the consequences of the contract, as contrasted with the mistake of fact, which means a mistake regarding the terms of the contract.
Surprise:
The common definition of surprise, says Story, is the act of taking unawares, sudden confusion or perplexity and when a Court of Equity relieves on account of surprise, does so upon the ground that the party has been taken unawares, that he has acted without due deliberations and under confused and sudden impression.
5. Conclusion:
We may conclude that under the Specific Relief Act, there are certain cases in which the specific performance of a contract cannot be enforced against apart. There is no misrepresentation on the part of the plaintiff, and there is no fraud, but if the dispute is caused by negligence, the contract may be specifically enforced.
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