Specific Relief Act Section 29 — Alternative prayer for rescission in suit for specific performance

CHAPTER IV RESCISSION OF CONTRACTS

General

Summary

A person who sues to force the other side to carry out a written contract can also ask, as a backup, that the contract be cancelled if the court will not order it to be performed. If the court decides not to enforce the contract, it can instead order the contract to be cancelled and handed over.

Official Text

A plaintiff instituting a suit for the specific performance of a contract in writing may pray in the alternative that, if the contract cannot be specifically enforced, it may be rescinded and delivered up to be cancelled; and the court, if it refuses to enforce the contract specifically, may direct it to be rescinded and delivered up accordingly.