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Report No. 199

8. Substantive provisions of the Specific Relief Act, 1963 (47 of 1963).-

The following provisions of the Specific Relief Act, 1963 (47 of 1963) are substantive, namely:-

(a) Clause (a) of section 18 where on account of fraud, mistake of fact or misrepresentation, the written contract of which performance is sought, is in terms or effect different from what the parties agreed to, or does not contain all the terms agreed to between the parties on the basis of which the defendant entered into the contract,

(b) Clause (a) of subsection (2) of section 20 in so far as it deals with the terms of a contract which gives the plaintiff an unfair advantage over the defendant,

(c) Clause (b) of subsection (2) of section 20 which deals with the performance of a contract which would involve some hardship on the defendant which he had not foreseen, where its non-performance would involve no such hardship on the plaintiff.



Unfair (Procedural and Substantive) Terms in Contract Back




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