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Definition

When a court directs a party to perform the


obligation imposed on it by the contract;

It is a remedy which compels the execution of a


contract which requires some definite thing to be
done before the transaction is completed;

The parties rights are settled and defined in the


manner intended;
General principle
1. Discretionary remedy

Decreed by a court solely at its discretion and not as a


matter of right;

except in cases where clear cut statutory provision


deprives the court discretion;

S21 of SRA 1950;


Cont.
Mainly in cases involving delay, hardship, mistake or
conduct of the plaintiff;

Wong Kup Sing v Jeram Rubber Estate Ltd (1969) 1 MLJ


245;

Yeo Long Seng v Lucky Park (Pte) Ltd [1971] 1 MLJ 20;
Cont.
2. It is a remedy in personam;

3. Damages not adequate remedy;


If remedy adequate, equity wont step in;
S11(1)(c) & (2) of SRA 1950;
Gan Realty Sdn Bhd v Nicholas [1969] 2 MLJ 110;
H.A Securities Sdn Bhd v Ng Kong Yeam [1993] 2 AMR
43;
Cont.
4. Damages may be awarded in substitution for or in
addition to specific performance

S18 of SRA 1950;


S19 of SRA 1950 :- SP even where damages are agreed
upon;
Ibrahim bin Saidin v Hitam bin Ali [1954] MLJ 19;
Cont.
S 13 14 of SRA 1950:- damages may be awarded for
apart unperformed;
Shiffon Creations (singapore) Pt. Ltd. V Tong Lee Co. Pt.
Ltd. [1988] 1 MLJ 363;

5. SP unaffected by waiver

Plenitude holding v Tan Sri Khoo


Cont.
6. Only positive contracts may be specifically
performed

Hafsham v Zenab [1958] 3 All ER 719;

7. Considerations of hardship and expiry of


limitation period may not necessarily defeat SP
Cont.
8. SP dependant on an option is unaffected if the
option is not exercised strictly in the prescribed
manner

Kau Nia Enterprise (Pte) Ltd v Teck Wah Corporation


(Pte) Ltd
Cont.
9. SP may be claimed and granted even before the
time of performance has arrived

Hasham v Zenab [1960] AC 316;


SP under SRA 1950
i) Contract can be specifically enforced wholly;

S11 of SRA 1950;

Loh Koon Moy v Zaibunisa binti Syed Ahmad [1978] 2


MLJ 29;
Hoh Ah Kim v Paya Trubong Estate Sdn Bhd [1987] 1 MLJ
143;
Cont.
SP through interlocutory mandatory injunction;

Sivaperuman v Heah Seok Yeong Realty Sdn Bhd [1979]


1 MLJ 150 FC;

Tinta Press v BIMB [1987] 2 MLJ 192 SC;


Cont.
ii) Contract cannot be specifically enforced;

S20 of SRA 1950;

Scope:
Contracts lacking mutuality;
Cont.
iii) for whom contracts cannot be specifically
enforced;

S23 of SRA 1950;


S20(1)(e) of SRA 1950;
Chung Peng Chee v Cho Yew Fai (1954) 20 MLJ 100;
Cont.
iv) For whom contracts cannot be specifically
enforced, except with a variation;
S25 of SRA 1950;

v) Against whom contract cannot be specifically


enforced;
S27 of SRA 1950;
Cont.
vi) No SP of part of contract;

S16 of SRA 1950;


Exception : S13 -s15;
Defences
i) Ineffective Contract;
S25 & S27(a) of SRA 1950;

ii) Misrep., mistake of fact, etc;


S27 of SRA 1950

iii) Unfair Advantage;


S21(2)(a) of SRA 1950;
Polygram Records Sdn Bhd v The Search [1994] 3 MLJ
127;
Cont.
iv) Delay;

S6(1) (a) of the Limitation Act 1953;

v) Hardship;

S21(2)(b) & (6) of SRA 1950;


Patel v Ali [1984] Ch 283;
Venkatachalam v Arumasalam [1953] MLJ 234;
Cont.
vi) Defect in title;

S24 of SRA 1950;