Alia paid Sofini RM 100 for a Gucci bag on 2.3.2000 with the agreement that Sofini would deliver it on 2.7.2000. However, Sofini sold the bag to someone else on 3.7.2000. Alia is seeking legal advice about getting the specific performance of the contract, which is a court order directing Sofini to hand over the bag as agreed. Specific performance is an equitable remedy that may be granted at the court's discretion if monetary damages are not adequate relief for breach of contract.

1. Specific Performance
QUESTION 8: On 2.3.2000, Sofini offers to sell her Gucci bag to Alia for RM 100
and Alia accepted the offer and paid her RM 100. Sofini promised to give the
said bag to Alia on 2.7.2000. However, Sofini sold the said bag to Aminah on
3.7.2000.
Alia came to see you for advice.

2. Specific performance
 Order of the court directing a party to perform the contract specifically
according to the terms of contract.
(to do exactly what she has promised in terms of contract)
In this case it is,…
 This remedy is given at the discretion of the court as stated under Section
21 of the Specific Relief Act,1950 as it is basically an equitable remedy

3. Specific performance
 Section 11(1): Specific performance may be granted by the court in the
following situations
 i. When the act agreed to be done is in the performance, wholly or partly
of a trust
 ii. When there exist no standard for ascertaining the actual damage
caused by the non-performance of the act agreed to be done
 iii. When the act agreed to be performed is such that its non-performance
would not afford adequate relief

4. For example…
 Gan Reality Sdn Bhd & Om. V. Nicholas Om (1969)
This was an application to dissolve the ex parte injunction granted to the
plaintiffs restraining the defendants from parting with their shares in the
Oriental Bank of Malaya Berhad the 6th defendant. The facts were that the
first five defendants were the directors of the 6th defendant bank and they
had agreed to sell their respective shares in the bank to the plaintiffs. The
plaintiffs claimed specific performance and an injunction. It was argued for
the applicants that the agreement was incapable of specific performance
and therefore an interim injunction would not lie.
 Held, dismissing the application:
in this case the shares of the bank were not available in the open market
and the court could therefore order specific performance of an agreement
for the sale of the shares and in this respect the defendants had not
established that the circumstances had changed

5. Specifics performance is not granted
when….
Section 20 of Special Relief Act 1950 provides that specific performance will
not be granted if;
 Money damage are an adequate relief
 Contract involves many minute or numerous details
 Contract involves on the personal qualifications of a party such as a
contract of employment
 Contract requires the constant supervision of the court
 Terms of contract are not certain
 There is evidence of fraud
 There is a delay in bringing the action