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Thread: Q. Who cannot be compelled for specific performance of the contracts. (2000)

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    Word Icon 35px Jpg.ashx Q. Who cannot be compelled for specific performance of the contracts. (2000)

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    1. Introduction:
    The Specific relief act provide detail of such persons who can not be compelled to perform the specific performance of the compelled to perform the specific performance of the contract. where persons under misrepresentation, fraud, mistake, accident entered into the contract. such persons cannot be compelled to perform.
    2. Relevant provisions:
    Sec. 28 specific relief act 1877
    3. Application of Sec. 28:
    Specific relief of relates to contracts that can not be enforced becomes they are invalid on account of Fraud, undue advantage misrepresentation etc, it does not apply to contracts which are legally valid though there is unfair advantage on one side.
    4. Persons who cannot be compelled to perform:
    In the following cases persons cannot be compelled specific performance of the contract.
    I. Inadequate consideration:
    If the consideration to be received by him is so grossly inadequate, with reference to the state of things existing at the date of the contract, as to be either by itself or coupled with other circumstances evidence of fraud or of undue advantage taken by the plaintiff.
    (a) Discretion of the court:
    The court is the only forum in order to judge the inadequacy of price.
    (b) Contract by paradanashin lady:
    Where a contract of sale is entered into by a paradanashin without any independent advice and the price fixed is highly inadequate, the contract cannot be specifically enforced.
    II. Assent obtained by misrepresentation:
    If the accent was obtained by the misrepresentation (whether willful or innocent), concealment circumvention or unfair practices, of any party to whom performance would become due under the contract, or by any promise of such party which has not been substantially fulfilled.
    (a) Misrepresentation:
    Misrepresentation is the positive assertion in a manner not warranted by the information of the person making, of which is not true. a contract under misrepresentation cannot be enforced.
    (b) Concealment:
    Active concealment of a material fact is fraud. so contract cannot be enforced.
    (c) Voidable Contract:
    Under Sec 28 (ii) the contracts are called voidable.
    (d) Illustration:
    A sells horse to B. horse is unsound. A does not inform B about the defect. A has committed fraud, thus it cannot be enforced specifically.
    III. Contract by mistake of fact:
    If the assent was given under the influence of mistake of fact, misapprehension or surprise, such cannot be enforced specifically.
    A, one of two executors, in the erroneous belief that he had the authority of his co-executor, enters into an agreement for the sale to B of his testator's property B cannot insist on the sale being completed.
    5. Conclusion:
    To conclude I can say that, under specific relief act, there are certain cases in which specific performance of a contract cannot be enforced against a party. where there is no misrepresentation on the part of the plaintiff and there is no fraud but the dispute is caused by the negligence of the defedant, the contract may be specifically enforced.

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