Skip to content
In forceUpdated to 1 Jan 2006Read it in Bahasa Malaysia

Chapter II

13. Specific performance of part of contract where part unperformed is small

Feedback & support

Where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed bears only a small proportion to the whole in value, and admits of compensation in money, the court may, at the suit of either party, direct the specific performance of so much of the contract as can be performed, and award compensation in money for the deficiency.

In a contract for the sale and purchase of a house and lands for RM20,000, it is agreed that part of the furniture should be taken at a valuation. The court may direct specific performance of the contract notwithstanding the parties are unable to agree as to the valuation of the furniture, and may either have the furniture valued in the suit and include it in the decree for specific performance, or may confine its decree to the house.

Report

Chapter III

Rectification of Instruments

Chapter IV

Rescission of Contracts

Chapter V

Cancellation of Instruments

Chapter VI

Declaratory Decrees

Chapter VII

Appointment of Receivers

Chapter VIII

Enforcement of Public Duties

Part III

Preventive Relief

Chapter IX

Of Injunctions Generally

Chapter X

Of Perpetual Injunctions

Chapter II

Chapter II.