Specific Performance, Rectification, Cancellation, Declarations & Injunctions — KSLU Contract 1 Notes

Specific Performance, Rectification, Cancellation, Declarations & Injunctions

• Specific performance is a decree directing a party to actually perform his contract (S.10, post-2018: “shall be enforced”). Who may obtain it (S.15): a party, his representative-in-interest or principal (unless personal skill was involved), and beneficiaries of a marriage settlement/family arrangement.
• Contracts NOT specifically enforceable (S.14): those where damages are an adequate remedy, contracts involving personal skill or continuous duty the court cannot supervise, and determinable contracts.
• Rectification (S.26) corrects an instrument that, by mutual mistake or fraud, fails to express the parties’ real intention.
• Cancellation (Ss.31–33) lets a person against whom a void or voidable written instrument may cause injury have it adjudged void and delivered up.
• Declaratory decrees (S.34) declare a person’s legal character or right to property; the court will not grant one where the plaintiff, able to seek further relief, omits to do so.
• Preventive relief — injunctions (Ss.36–42): temporary (during the suit) and perpetual (by final decree); prohibitory (restraining a wrong) and mandatory (compelling a positive act, S.39). An injunction is refused where damages are an adequate remedy or to restrain a breach the court could not specifically enforce.