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Ala. Code § 8-1-40

Specific Performance Not Enforced in Certain Cases.

Applied in 1 court decision — leading case Clayton v. Woodmen of the World Life Insurance Society (1997)

Most recently applied in Clayton v. Woodmen of the World Life Insurance Society (October 1997)

(Code 1923, §6834; Code 1940, T. 9, §56.)

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

(1) If he has not received an adequate consideration for the contract;

(2) If it is not, as to him, just and reasonable;

(3) If his assent was obtained by the misrepresentation, concealment, circumvention or unfair practices 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; or

(4) If his assent was given under the influence of mistake, misapprehension, or surprise; except, that where 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.

Official source: Alabama Legislature (ALISON). Reproduced from public-domain Alabama statutes; confirm against the official source for the current text. Not legal advice.