32-04-13. When specific performance cannot be enforced against one.

134 words·~1 min read·/nd/title-32/chapter-32-04-specific-relief/32-04-13·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Specific performance cannot be enforced against a party to a contract in any of the following cases:

1. If the party has not received an adequate consideration for the contract.

2. If it is not as to that party just and reasonable.

3. If such party's assent was obtained by misrepresentation, concealment, circumvention,

or unfair practice of any party to whom performance would become due under the

contract, or by any promise of such party which has not been substantially fulfilled.

4. If the party's assent was given under the influence of mistake, misapprehension, or

surprise, except that when the contract provides for compensation in case of mistake,

a mistake within the scope of such provision may be compensated for and the contract

specifically enforced in other respects, if proper to be so enforced.