Section 540: Specific performance of contract

1) If monetary compensation is not reasonable and adequate for the actual loss or damage suffered by the aggrieved party because of the breach of contract, the aggrieved party may claim for the specific performance of the contract instead of compensation.

2) Notwithstanding anything contained in sub-section (1), specific performance may not be claimed in any of the following circumstances:

(a) If monetary compensation is an adequate remedy for the breach of contract,

(b) If the court cannot supervise the performance of the act under the contract,

(c) If the contract is for providing services of personal ability, skill, or knowledge,

(d) If the contract cannot specifically be performed,

(e) If the party in breach of the contract claims for its specific performance.