PART II SPECIFIC RELIEF · CHAPTER II SPECIFIC PERFORMANCE OF CONTRACTS · CONTRACTS WHICH CANNOT BE SPECIFICALLY ENFORCED

Section 14: Contracts not specifically enforceable

The Specific Relief Act, 1963

¹[The following contracts cannot be specifically enforced, namely:—

(a) where a party to the contract has obtained substituted performance of contract in accordance with the provisions of section 20;

(b) a contract, the performance of which involves the performance of a continuous duty which the court cannot supervise;

(c) a contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms; and

(d) a contract which is in its nature determinable.

Footnotes in the official text

1.Subs. by Act 18 of 2018, s. 5, for section 14 (w.e.f. 1-10-2018).

Questions on this section

2 questions in 13 of our papers cite Section 14. Try these from the free papers:

1. Which of the following is NOT listed in Section 14 of the Specific Relief Act, 1963, as substituted in 2018, among the contracts that cannot be specifically enforced?

Practise questions on Specific Relief Act