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Contract


Persons who cannot obtain specific performance

  1. The specific performance of a contract cannot be obtained in favor of a person who could not be entitled to recover compensation for the breach of contract.

  2. Specific performance of a contract cannot be enforced in favor of a person:

    1. who has become incapable of performing the contract that on his part remains to be performed, or

    2. who violates any essential term of the contract that on his part remains to be performed, or

    3. who acts in fraud of the contract, or

    4. who willfully acts at variance with, or in subversion, of the relation intended to be established by the contract.



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