Sponsored Links


Results 1 to 1 of 1

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

  1. #1

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

    Sponsored Links1


    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.
    Illustration:
    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.

    Sponsored Links

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Similar Threads

  1. Who may obtain specific performance
    By ahmad4212 in forum Law of Equity part 2 paper 2
    Replies: 0
    Last Post: 10-29-2012, 03:16 AM
  2. Replies: 0
    Last Post: 08-23-2012, 06:08 PM
  3. Q. Who are the person entitled to sue for specific performance of the contracts?
    By vustudents in forum Law of Equity part 2 paper 2
    Replies: 0
    Last Post: 08-23-2012, 04:44 PM
  4. Q. What do you mean by specific performance of contract?
    By vustudents in forum Law of Equity part 2 paper 2
    Replies: 0
    Last Post: 08-18-2012, 10:00 PM
  5. Replies: 0
    Last Post: 11-30-2011, 07:31 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
-: Vuhelp Disclaimer :-
None of the files shown here are hosted or transmitted by this server. The links are provided solely by this site's users. The administrator's or staff of Vuhelp.net cannot be held responsible for what its users post, or any other actions of its users. You may not use this site to distribute or download any material when you do not have the legal rights to do so. It is your own responsibility to adhere to these terms. If you have any doubts about legality of content or you have any suspicions, feel free to contact us.
Online Education | JhelumSoft