Section 11

when the act agreed to be done is in the performance, wholly or partly, of a trust;

A holds certain stock in trust for B. A wrongfully disposes of the stock.

The law creates an obligation on A to restore the same quantity of stock to

B, and B may enforce specific performance of this obligation.

when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done;

A agrees to buy, and B agrees to sell, a picture by a dead painter and two rare China vases. A may compel B specifically to perform this contract, for there is no standard for ascertaining the actual damage which would be caused by its non-performance.

when the act agreed to be done is such that pecuniary compensation for its non-performance would not afford adequate relief; or

A contracts with B to sell him a house for RM1,000. B is entitled to a decree directing A to convey the house to him, he paying the purchase-money.

In consideration of being released from certain obligations imposed on it by its Act of incorporation, a railway company contracts with Z to make an archway through their railway to connect lands of Z served by the railway, to construct a road between certain specified points, to pay a certain annual sum towards the maintenance of this road, and also to construct a siding and a wharf as specified in the contract. Z is entitled to have this contract

Specific Relief 13

specifically enforced, for his interest in its performance cannot be adequately compensated for by money; and the court may appoint a proper person to superintend the construction of the archway, road, siding, and wharf.

A contracts to sell, and B contracts to buy, a certain number of railway-shares of a particular description. A refuses to complete the sale. B may compel A specifically to perform this agreement, for the shares are limited in number and not always to be had in the market, and their possession carries with it the status of a shareholder, which cannot otherwise be procured.

A contracts with B to paint a picture for B, who agrees to pay therefor

RM1,000. The picture is painted. B is entitled to have it delivered to him on payment or tender of the RM1,000.

when it is probable that pecuniary compensation cannot be got for the non-performance of the act agreed to be done.

A transfers without endorsement, but for valuable consideration, a promissory note to B. A becomes insolvent, and C is appointed his assignee. B may compel C to endorse the note, for C has succeeded to A’s liabilities and a decree for pecuniary compensation for not endorsing the note would be fruitless.

Unless and until the contrary is proved, the court shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money, and that the breach of a contract to transfer movable property can be thus relieved.

Contracts of which the subject has partially ceased to exist