Alis remedies:

a) A specific performance may be granted not dependent on the defendants

breach and may be obtained even without default on the part of the
defendant as seen in the case of mawar Awal (M) sdn Bhd vkepong
management, where his lordship Abdul malik Ishak J stated that :
i.

ii.

there is no necessity on the plaintiff part to show that the plaintiff has
in the past strictly and literally complied with all its obligatins under
the contract.
That the defendant has committed a breach of the contract.

b) SP granted on the discretion of the court- case Mohamed v Ho wai.

The court held that to invoke the remedy of SP, the following conditions must
be fulfilled:
i.
The contract must be valid in form;
ii.
It is made between competent parties; and
iii.
It is unobjectionable in its nature and circumstances.
c) In law mew send v cosmopac sdn bhd, additional requirements were stated
for a granting of SP. That contract has to be conclusive that all formalities
had been observed and that the parties have agreed, whether expressly or
implied, in regards to the essential term of the contract.
The terms must be precise so as to enable the court to make an order and
effect the exact performance.
d) S11 Specific relief act contract which may be specifically enforced.
e) Section 21 provides for the exercise of the courts discretion.
f) S18 power of court to award compensation

In alis case he can opt for s11(1)(b) that there is no standard for ascertaining the
actual damage of the non performance baba.