Persons who cannot obtain specific performance
- 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.
- Specific performance of a contract cannot be enforced in favor of a person:
- who has become incapable of performing the contract that on his part remains to be performed, or
- who violates any essential term of the contract that on his part remains to be performed, or
- who acts in fraud of the contract, or
- who willfully acts at variance with, or in subversion, of the relation intended to be established by the contract.