EXTRA METERIALS When the innocent party rescinds the contract s111c provides

Extra meterials when the innocent party rescinds the

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EXTRA METERIALS: When the innocent party rescinds the contract s.11(1)(c) provides that if damages are not adequate, the court can grant SP. For immovable property, s.11(2) provides that there is a reasonable presumption that compensation is insufficient. If the defendant cannot rebut this presumption, then specific performance will be granted. Contract for services S.20(1)(b)(ii) provides where specific performance will not be granted in contracts for personal services. In Holiday Inns & Anor v Hotel Enterprise the court held that the management agreement in this case was not a contract of service nor was it a contract involving personal service. Hence it could be specifically enforced since on the facts damages was an inadequate remedy. In Pertama Cabaret Nite Sdn Bhd v Roman Tam (FC) , the court did not grant SP to compel the defendant singer to sing in the plaintiff’s club because of s.20(1)(b)(ii) . However, the court granted a prohibitory injunction since the defendant was a foreigner and there is a risk that the plaintiff may not recover damages. Building Contract S.20(1)(b)(i) provides where specific performance will not be granted if the contract contains minute or numerous details. S.20(1)(a) : Where monetary compensation is adequate then no specific performance will be granted, as can always find another contractor to complete the job. 3 exceptions are given in Wolverhampton Corporation v Emmons : (a) the particulars of the work must be specifically ascertained that the court can sufficiently see what is the nature of the work of which it is asked to order performance. (b) The plaintiff has a substantial interest in having the contract performed such that he cannot adequately be compensated by damages. (c) The defendant has by the contract obtained possession of the land on which the work was contracted to be done in such a manner that the plaintiff is unable to get the work done by a 3rd party. In Oon Hock Lai v Lee Kok Leong , the court followed the Wolverhampton but said that if the 3rd condition is not satisfied, it was not a complete bar to granting SP. Also, not only the plaintiff prove that he has at all times been ready and willing to complete the sale, he must prove that the has performed or had been at all times ready and willing to perform his part of the contract.
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Generally a building contract cannot be SP since it needs constant supervision and damages would be an adequate remedy. However, exceptions in Wolverhampton may apply. Contract for sale of goods, supply of goods The general rule is that no SP as damages are adequate compensation by virtue of s.20(1)(a) . Sale of painting, antiques, certain limited shares s.11(a)(b) provides that SP may be given where there is no standard to ascertain damages, e.g. contract of sale of painting/antiques/ certain limited shares. In Gan Reality Sdn Bhd v Nicholas , vendor refused to sell shares to purchaser, SP granted to purchase as it was difficult to get the limited shares. In HA Securities Sdn Bhd v Ng Kong Yeam , the vendor resumed to sell Roxy shares, no SP as purchaser could buy from Stock Exchange anyway.
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  • Winter '17
  • Daniel
  • Contract Law, Judicial remedies, Legal remedy

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