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    Monday, 21 August 2017

    For Whom Contracts may be Specifically Enforced

    1. INTRODUCTION
    The specific performance is actual execution according to the terms stipulated. It is enforced under equitable jurisdiction vested in the court of law. The specific relief act provides detail of those person who are entitled to sue for specific performance of the contracts.

    2. RELEVANT PROVISIONS
    Sec, 23 Specific Relief Act.

    3. PERSONS ENTITLED TO OBTAIN SPECIFIC PERFORMANCE
    Following persons are entitled to obtain specific performance of the contract.

    I. ANY PARTY
    Any party to the contract can sue in the court of law for obtaining specific performance of the contract.

    Case Law
    1992 CLC 1688
    It was held that one of co promises can file suit for specific performance of contract but the other should be joined in a suit as defendants if they so desire can be transposed as plaintiffs.

    II. Representative in Interest
    The representative in interest or the principal of any party there to.

    Exceptions
    (i) Where the learning skill, solvency, or any personal quality of such party is material ingredient in the contract.
    (ii) Where the contract already provides the interest is not assignable.

    People Included in Representative in interest
    Following are persons included in representative in interest.
    a. Transferee
    b. Executor
    c. Administrator
    d. Assignee
    e. Agent
    f. Receiver

    III. BENEFICIALLY ENTITLED
    Where the contract is a settlement on marriage, or a compromise of doubtful rights between members of the same family, any person beneficially entitled there under.

    IV. REMAINDER MAN
    Where the contract has been entered into by a tenant for. life in due exercise of power, the remainder man.

    V. A REVERSIONER IN POSSESSION
    A reversioner in possession where the agreement is a covenant entered into with in predecessor in title and the reversioner is entitled to the benefit of such convent.

    VI. A REVERSIONER IN REMAINDER
    A reversioner in remainder, where the agreement is such a convenit and the reversioner is entitled to the benefit thereof and will sustain material injury by reasons of its breach.

    VII. AMALGAMATED COMPANY
    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.

    VIII. COMPANY
    When the promoters of a public company have before its incorporation entered into a contract for the purposes of the company and such contract is warranted by the terms of the incorporation, the company.

    4. CONCLUSION

    To conclude I can say that, specific performance of a valid contract may be obtained any part to the contract, beneficially entitled persons, remainder man, amalgamated company and by a company.
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    Item Reviewed: For Whom Contracts may be Specifically Enforced Rating: 5 Reviewed By: Usman Ali
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