19. Liquidation of damages not a bar to specific performance

A contract, otherwise proper to be specifically enforced, may be so enforced, though a sum be named in it as the amount to be paid in case of its breach, and the party in default is willing to pay the same.

Specific Relief 17

A contracts to grant B an under-lease of property held by A under C, and that he will apply to C for a licence necessary to the validity of the under-lease, and that, if the licence is not procured, A will pay B RM10,000. A refuses to apply for the licence and offers to pay B the RM10,000. B is nevertheless entitled to have the contract specifically enforced if C consents to give the licence.

Contracts which cannot be Specifically Enforced