Specific Relief Act · s 19

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s 19Liquidation of damages not a bar to specific performance

A contract, otherwise proper to be specifically enforced, may be thus enforced, though a sum be named in it as the amount to be paid in case of its breach, and the party in default is willing to pay the same.

Illustration

A. contracts to grant B. an under-lease of property held by A. under C., and that he will apply to C. for a licence necessary to the validity of the under-lease, and that, if the licence is not procured, A. will pay B. $10,000. A. refuses to apply for the licence and offers to pay B. the $10,000. B. is nevertheless entitled to have the contract specifically enforced if C. consents to give the licence.

CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED