Section 26

either party thereto;

any other person claiming under a party to the contract by a title arising subsequently to the contract, except a transferee for value who has paid his money in good faith and without notice of the original contract;

A contracts to convey certain land to B by a particular day. A dies intestate before that day without having conveyed the land. B may compel

A’s heir or other representative in interest to perform the contract specifically.

A contracts, in consideration of RM1,000, to bequeath certain of his lands to B. Immediately after the contract A dies intestate, and C takes out administration to his estate. B may enforce specific performance of the contract against C.

A contracts to sell certain land to B. Before the completion of the contract, A becomes mentally disordered, and C is appointed his committee.

B may specifically enforce the contract against C.

any person claiming under a title which, though prior to the contract and known to the plaintiff, might have been displaced by the defendant;

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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; and

when the promoters of a public company have, before its incorporation, entered into a contract, the company:

Provided that the company has ratified and adopted the contract and the contract is warranted by the terms of the incorporation.

Against whom Contracts cannot be Specifically Enforced

What parties cannot be compelled to perform