Specific Relief Act Section 11 — Cases in which specific performance of contracts connected with trusts enforceable

CHAPTER II SPECIFIC PERFORMANCE OF CONTRACTS

General

Summary

A contract can be specifically enforced if the action it requires is part of carrying out a trust, unless the Act says otherwise. However, if a trustee makes a contract that goes beyond their legal powers or breaks the trust, that contract cannot be specifically enforced.

Official Text

(1) Except as otherwise provided in this Act, specific performance of a 1[contract shall], be enforced when the act agreed to be done is in the performance wholly or partly of a trust.

(2) A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.