Section 20. A contract, otherwise proper to be specific- Licluidation ally enforced, may be thus enforced, thoug

20. A contract, otherwise proper to be specific- Licluidation ally enforced, may be thus enforced, though a sum ~~~:~'~0 be named in it as the amount to be paid in case of its specific per. breach, and the party in default is willing to pay the fo'nlance. same. Illust~ation. A contracts to grant B an underlease of pl-operty held by A under C, and that he will apply to C for a license necessary to the validity of the underlease, and that, if the license is not A mill pay B Rs. 10,000. A refuses to apply for the license and offers to pay B the Rs. 10,000. B is nevertheless entitled to have the contract specifically eoforced if C cousents to give the license. (b). Co?htracts which c m o t be specifically egorced. 2 1. The following contracts cannot ., be s~ecifically I contr,ts ,,t enforced :- specifically I specifically enforceable. - (a) . , a contract for the non-performa>nce of which compensation in &oney is an adequate relief ; - (b) a contract which runs into such minute or numerous details, or which is so dependent on the personal qualifications or volition 63 of the parties, or otherwise from its nal ure /* is sucli, that tlic Court caniiot enforce specific perfor~iiance of its material terms ; - (c) a contract t1he terms of vllich tlic Court canliol G ~ l d wit11 reasoiialsle cc1iaillty ; `((0` a S13eci$c Relief. a .ontract which is in its natorc revocal-~le; a made by trustees either in excess of their powers or in hrra,cb of their trust made by or on behalf of a corpora- of their powers or in hrra,cb of their trust ; a made by or on behalf of a corpora- tion or public company created for special purposes, or by the promoters of such company, which is in excess of its powers ; a contract the perfornrancc of which invol~res the performance of a continuous duty extending over a longer period than three years from its date ; (h) a contract of which a material part of the sub- ject-matter, supposed by both parties to exist, has, before it has bcen made, ceased to exist. bar the suit. A contracts to sell, and B contracts to buy, 40 chests of indigo at Rs. 1,000 per chest : In coi~sideration of certain property having been transferred by A to B, B contracts to open a credit in A's favour to the extent Rs. 10,000, and to bollour A's drafts to that amouut. The above contracts cannot be specifically enforced, for, in the first and the second both A and B, aud in the third A, would be reimbursed by compensation in mouey. contracts to render personal service to B : to (b).-A 011 personal service : A conlracts to ernploy A, .m aoll~or, contracts with `Y,` apublisher, to complete a literary work. `I3` cai>llot enforce specific perfor A contracts to hay 13's Ij~tsil~css to be inacle by two valuers, onc Lo Ly B. A and B each lialne a valuer, but before the valuation is made, A instructs his valuer not to proceed : 13y a charter-party entered into in Calcutta between A, the owner of a sllip, and `U,` the charterer, it is agreed that the ship shall proceed to Rangoon, and there load a cargo of rice, and thence proceed to London, freight to be paid, one-third on arrival at Rangoon, and two-thirds on delivery of the cargo in London: , A lets land to B and B coiltracts to cultivate it in a particular manner for three years next after the date of the lease : A aud B contract that, in consideration of annual advances to be made by A, B will for three years next after the date of the contract grow particular crops on tlie land in his possession and deliver them to A when cut and ready for delivery : A contracts with B that, in consideration of Rs. 1,000 to be paid to him by 73, he will paint a picture for B: A contracts with B to execute certain works which the Court cannot superintend : A contracts to supply B with all the goods of a certain class which U may require: A contracts with B to take from B a lease of a certain house for a specified term, at a specified rent, "if tlie drawing-room is handsomely decorated," even if it is held to have so much certaiuty that compensation can be recovered for its breach: A contracts to marry B. The ahove contracts cannot be sp'ecifically enforced. to (c) .-A, the owner of a refreshment-room, contracts with `I3` to give him accommodation there for the sale of his goods and to furnish him with the necessary appliances. A refuses to perform his contract. The case is one for compeusation and not for specific performance, the amount and nature of the accommodatiou and ap~liances being undefined. to (d).-A and B contract to become partners in a certain business, the contract not specifying the cluration of the proposed partnership. This coutract cannot be specifically performed, for, if it were so performed, either A or B might at once dissolve the partnership. to (e).-A is a trustee of laucl xvitli power to lease it for seven years. He euters into a contract with B to grant n lease of the laud for seven years, with n covennnt to renew the 1e;ise at tlie espiry of tho term. This contract callnot bo specifically enforced. Thc Directors of a company havc powcr to sell thc couccru with the sanctioli of a gencral meeting of tilc sharcl~olclers. C: Tllcy Specijc Relief. 18 [ACT I They contract to sell it wit.hout ally sucll sanction. tract cannot be specifically enforced. This con- trusLees, A and B, ompowered to sell t,l*nst-propert,y worth a l l h of rupees, contract to sell it to C for Rs. 30,000. The contract is so disadvantageous as to be a l~reach of trust. C cannot enforce its specific performance. Tile promoters of a company for nrorking mines contract that the company, nlhen formed, shall purchase cert,aiu mineral property. They take no proper precautiolis to ascertain the value of such property, and in fact agree to pay an extravagant price therefor. They also stipulate that the vendol.s shall give tl~enl n bonus out of the purchase-money. Tbis contract ca~lllot be specifically enforced. to (f ).-A company existii~g for the sole purpose of ma1;ing and working a railway, co11tract.s for the purchase of a piece of land for the purpose of erecting a cotton-mill thereon. This contract cannot be specifically enforced. to (g).-A contracts to let for twenty-one years to `I3` the right to use such part of a certain milmay made by A as was upon B's land, and that B should have a right of running carriages over the whole line on certain terms, and might require A to supply the necessary engine-power, and that A should duriug the term lreep the whole railway in good repair. Specific performance of this contract must be refused to B. to @).-A contracts to pay an annuity t o B for the lives of C and D. It turns out that, at the date of the contract, C, though supposed by A and B to be alive, was dead. The contract cannot be spiiieeifically performed. (c). `[Of ]`[the ][Discretiom of the Oozcrt. ] 1877.1 Spec$c Relief. 19 may be no fraud or misrep~esentation on the ylaintiff's part. (a). A, a tenant for life of certaiu'property, assigns his interest therein to B. C contracts to buy, and B contracts to sell, that interest. Before the coiltract is completed, A receives a mortal injury from the effects of which he dies the day after the contract is executed. If B and C were equally ignorant or equally anlare of the fact, B is entitled to specific performance of the contract. If B lrnem the fact, a i d C did not, specific pcrformallcc of the contract should be refused to B. ( B ) . A contracts to sell to B the interest of C in certain stock-in-trade. It is stipulated that the sale shall staild good, cveu though it should turn out that CJs interest is worth nothing. I n fact the value of CJs interest depends on the result of certain partnership-accoul~ts, on which he is heavily in debt to his partners. This indebtedness is lrllown to A, but not to B. Specific perforrnauce of the contract should be refused to A. (c). A contracts to sell, and B contracts to buy, certaiil land. To protect the land from floods, it is necessary f o ~ its owner to maintain an expensive embanlrrnent. B does not know of this circumstance, a i d A conceals it from him. Specific performance of thc contract should he refused to A. (d). A's property is pnt np to auction. B requ'ests C, A's attorney, to bid for him. C does this inadvertently and in good faith. The persons present seeing the vendor's attorney bidding, thiilk that he is a mere puffer and cease to compete. The lot is knocked down to B at a low price. Specific performance of the contract shonld be refused to B.