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In force2012 Revised Edition
Contents

Chapter II

26. Relief against parties and persons claiming under them by subsequent title

Except as otherwise provided by this Chapter, specific performance of a contract may be enforced against —

(a)

either party thereto;

(b)

any other person claiming under him by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract;

(c)

any person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant;

Specific Relief

(d)

when a public company has entered into a contract and subsequently becomes amalgamated with another public company, the new company which arises out of the amalgamation;

(e)

when the promoters of a public company have, before its incorporation, entered into a contract, the company: provided that the company has ratified and adopted the contract and the contract is warranted by the terms of the incorporation.

Illustrations

To paragraph (b)

A. contracts to convey certain land to B. by a particular day. A. dies intestate before that day without having conveyed the land. B. may compel A.’s heir or other representative in interest to perform the contract specifically.

A. contracts, in consideration of $1,000, to bequeath certain of his lands to B.

Immediately after the contract A. dies intestate, and C. takes out administration to his estate. B. may enforce specific performance of the contract against C.

A. contracts to sell certain land to B. Before the completion of the contract, A.

becomes mentally disordered, and C. is appointed his committee. B. may specifically enforce the contract against C.

AGAINST WHOM CONTRACTS CANNOT BE SPECIFICALLY

ENFORCED

What parties cannot be compelled to perform.

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