Specific Relief Act · s 12

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s 12Contracts of which subject has partially ceased to exist

Notwithstanding anything contained in section 57 of the Contracts

Act (Chapter 106), a contract is not wholly impossible of performance

Specific Relief because a portion of its subject-matter, existing, at its date, has ceased to exist at the time of the performance.

Illustrations

(a)

A. contracts to sell a house to B. for $10,000. The day after the contract is made, the house is destroyed by a cyclone. B. may be compelled to perform his part of the contract by paying the purchase-money.

(b)

In consideration of a sum of money payable by B., A. contracts to grant an annuity to B. for B.’s life. The day after the contract has been made, B. is thrown from his horse and killed. B.’s representative may be compelled to pay the purchase-money.