Persons Entitled to Specific Performance of Contracts
Forced Contract
1. Introduction
Specific performance refers to the actual execution of a contract according to its stipulated terms. It is enforced under the equitable jurisdiction of the court of law. The Specific Relief Act provides details regarding the persons who are entitled to sue for the specific performance of contracts.
2. Relevant Provisions
Section 23 of the Specific Relief Act outlines the relevant provisions regarding specific performance.
3. Persons Entitled to Obtain Specific Performance
The following persons are entitled to obtain specific performance of a contract:
I. Any Party
Any party to the contract can file a lawsuit in the court of law to seek specific performance of the contract.
II. Representative in Interest
The representative in interest or the principal of any party to the contract may also seek specific performance.
Exceptions
- Where the learning, skill, solvency, or any personal quality of such party is a material ingredient in the contract.
- Where the contract explicitly states that the interest is not assignable.
People Included in Representative in Interest
The following individuals are considered representatives in interest:
- Transferee
- Executor
- Administrator
- Assignee
- Agent
- Receiver
III. Beneficially Entitled
In cases where the contract is a settlement on marriage or a compromise of doubtful rights between members of the same family, any person beneficially entitled under the contract may seek specific performance.
IV. Remainder Man
If a contract has been entered into by a tenant for life in due exercise of power, the remainder man is entitled to seek specific performance.
V. A Reversioner in Possession
A reversioner in possession, where the agreement is a covenant entered into with their predecessor in title and the reversioner is entitled to the benefit of such covenant, may seek specific performance.
VI. A Reversioner in Remainder
A reversioner in remainder, where the agreement is such a covenant and the reversioner is entitled to the benefit thereof and will sustain material injury by reason of its breach, may seek specific performance.
VII. Amalgamated Company
When a public company has entered into a contract and subsequently merges with another public company, the new company resulting from the amalgamation is entitled to seek specific performance.
VIII. Company
When the promoters of a public company have, before its incorporation, entered into a contract for the purposes of the company and such contract is warranted by the terms of incorporation, the company itself may seek specific performance.
4. Conclusion
In conclusion, specific performance of a valid contract may be obtained by any party to the contract, beneficially entitled persons, remainder men, amalgamated companies, and companies under the conditions outlined above.