Specific Performance of Contracts: Who Can Sue
Persons Entitled to Sue for Specific Performance
Introduction
Specific performance is the actual execution of a contract according to its stipulated terms. It is enforced under the equitable jurisdiction vested in a court of law. The Specific Relief Act provides details on those persons who are entitled to sue for specific performance of contracts.
Relevant Provisions
Section 23 of the Specific Relief Act.
Persons Entitled to Obtain Specific Performance
The following persons are entitled to obtain specific performance of a contract:
Any Party
Any party to the contract can sue in a court of law to obtain specific performance of the contract.
Representative in Interest
The representative in interest or the principal of any party thereto.
Exceptions:
- Where the learning, skill, solvency, or any personal quality of such party is a material ingredient in the contract.
Any Person Beneficially Entitled
Where the contract is a settlement on marriage, or a compromise of doubtful rights between members of the same family, any person beneficially entitled thereunder.
Remainder Man
Where the contract has been entered into by a tenant for life in due exercise of power, the remainder man.
A Reversioner in Possession
A reversioner in possession, where the agreement is a covenant entered into with the predecessor in title and the reversioner is entitled to the benefit of such covenant.
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 reasons of its breach.
Amalgamated Company
When a public company has entered into a contract and subsequently becomes amalgamated with another public company, the new company which arises out of the amalgamation.
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 the incorporation, the company.
Conclusion
In conclusion, specific performance of a valid contract may be obtained by any party to the contract, persons beneficially entitled, a remainder man, an amalgamated company, and by a company, under the circumstances described above.