Malaysia legislation
Section 23
Section 23
Specific performance of a contract cannot be enforced in favour of a person—
(a)
who could not recover compensation for its breach;
A, in the character of agent for B, enters into an agreement with C to buy
C’s house. A is in reality acting not as agent for B but on his own account.
A cannot enforce specific performance of this contract.
(b)
who has become incapable of performing, or violates, any essential term of the contract that on his part remains to be performed;
(a)
A contracts to sell B a house and to become tenant thereof for a term of fourteen years from the date of the sale at a specified yearly rent. A becomes insolvent. Neither he nor the official receiver of his estate can enforce specific performance of the contract.
Specific Relief 23
(b)
A contracts to sell B a house and garden in which there are ornamental trees, a material element in the value of the property as a residence. A, without B’s consent, fells the trees. A cannot enforce specific performance of the contract.
(c)
A, holding land under a contract with B for a lease, commits waste, or treats the land in an unhusbandlike manner. A cannot enforce specific performance of the contract.
(d)
A contracts to let, and B contracts to take, an unfinished house, B contracting to finish the house and the lease to contain covenants on the part of A to keep the house in repair. B finishes the house in a very defective manner: he cannot enforce the contract specifically, though A and B may sue each other for compensation for breach of it.
(c)
who has already chosen his remedy and obtained satisfaction for the alleged breach of contract; or
A contracts to let, and B contracts to take, a house for a specified term at a specified rent. B refuses to perform the contract. A thereupon sues for, and obtains, compensation for the breach. A cannot obtain specific performance of the contract.
(d)
who, previously to the contract, had notice that a settlement of the subject matter thereof (though not founded on any valuable consideration) had been made and was then in force.
Contracts to sell property by one who has no title, or who is a voluntary settlor 24.
A contract for the sale or letting of property, whether movable or immovable, cannot be specifically enforced in favour of a vendor or lessor—
(a)
who, knowing himself not to have any title to the property, has contracted to sell or let the same;
(b)
who, though he entered into the contract believing that he had a good title to the property; cannot, at the time fixed by the parties or by the court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubt; or
(c)
who, previous to entering into the contract, has made a settlement (though not founded on any valuable consideration) of the subject matter of the contract.
24
(a)
A, without C’s authority, contracts to sell to B an estate which A knows to belong to C. A cannot enforce specific performance of this contract, even though C is willing to confirm it.
(b)
A, out of natural love and affection, makes a settlement of certain property on his brothers and their issue, and afterwards enters into a contract to sell the property to a stranger. A cannot enforce specific performance of this contract so as to override the settlement and thus prejudice the interests of the persons claiming under it.
For whom Contracts cannot be Specifically Enforced, except with a Variation
Non-enforcement except with variation