Exemptions to the general rule of specific performance

The parties to a contract must precisely perform their obligation on the contract otherwise the contract shall not be discharged.

Highlight four exemptions to the rule of specific performance

Exemptions to the general rule of specific performance

  • Where monetary compensation is an adequate relief. Thus the courts may refuse specific performance of a contract to lend or to borrow money or where the contract is for the sale of goods easily procurable elsewhere.
  • Where the court cannot supervise the actual execution of the contract i.e. a building construction contract.
  • Where the contract is for personal services i.e. a contract to marry or to paint a picture. In such contracts injunction is granted in place of specific performance. Where one of the parties to the agreement does not possess competency to contract and hence cannot be sued for breach of contract. Thus a minor cannot succeed in an action for specific performance.

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