Section 11

11. Where the performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff. (e). A is entitlcci to some land under his father's mill on condition that, if he sells it within twenty-five years, half the purchase-mouey shall go to B. A, forgetting the condition, contracts, before the expiration of the twenty-five years, to sell the land to C. ISere, the enforce~nent of the contract wonld operate so harshly on A, that the Court mill not compel its sPeci{ic ~erformance iu favour of C. ( J ) . A and B, trustees, join tlieir beneficiary, C, in n contract to sell the trust-estate to D, a i ~ d personally agree `t~` exon- SpeczJfc Relief. erate tlte estate from heavy incumbrances to which it is subject. The purchase-money is not nearly enough to discharge those incumbrances, though, at the date of the contract, the vendors believed it `to` be sufficient. Specific performance of the contract should be refused to D. (g). A, tlie owner of an estate, contracts to sell it to B, and stipulates that he, A, shall not be obliged to define its boundary. The estate really comprises a valuable property not known to either to be part of it. Specific performance of the contract shoultl be ref~~sed to B, unless he waives his claim to the unknowu property. (h). A coiltracts with `13` to sell him celstnin land, and to make a road to it fi.orn a certain railway-station. It is fo~uncl afterwards that A cannot make the road nlithont exposi~lg himself to litigation. Specific performance of the part of the contract relating to the road should be refwed to B, even though it may be held that he is entitled to specific performance of the rest with compensation for loss of the road. make a road to it fi.orn a certain railway-station. It is fo~uncl `(i).` A, a lessee of mines, contracts with B, his lessor, that at any time during the continuance of the lease B rnlty give notice of his desire to take the machinery and plant used in and about the mines, and that he shall have the articles specified in his notice delivered to him a t a valuation on the expiry of the leass. Such a contract might be most injurious to the lessee's business, and specific pe~formance of it should be refused to B. ( j ) . A contracts to buy certain land from B. The contract is silent as to access to the land. No right of way t o it cat1 be shown to exist. Specific performance of the contract should he rr:rused `$0` B. (k). A ouulracts with B to buy from 13's mannfartnry and not elsewhere all the goods of a certain class used by A in his trade. Tlie Cnn~k caunot compel B lo supply the goods, but if be dues not supply them, A may be ruined, unless he is allowed to buy them elsewhere. Specific performance of the contracl sllould be refused t o B. The following is a case in which the Court may properly exercise a discretion to decree specific performance :- 111. There the plaintiff has clone substantial acts or suffered losses in conseqttencc of a contract capable of specific performance. A sells land to a railway-company, who contract to execntc certain worl:s for his collveuie~~ce, The coiiq>nay tal:o the lailcl S'pecific `Relief.` 1877.1 and use it for their railway. Specific perforlnal~ce of the contract to execute the works should be decreed in favour of A. (d) . For zohom Cont~wcts n z ~ y be s~ec$calky e~zforced.