Section 12
Notwithstanding anything contained in section 57 of the Contracts
Act (Chapter 106), a contract is not wholly impossible of performance
Specific Relief
B.L.R.O. 5/2012 15
because a portion of its subject-matter, existing, at its date, has ceased to exist at the time of the performance.
Illustrations
(a)
A. contracts to sell a house to B. for $10,000. The day after the contract is made, the house is destroyed by a cyclone. B. may be compelled to perform his part of the contract by paying the purchase-money.
(b)
In consideration of a sum of money payable by B., A. contracts to grant an annuity to B. for B.’s life. The day after the contract has been made, B. is thrown from his horse and killed. B.’s representative may be compelled to pay the purchase-money.
Specific performance of part of contract where part unperformed is small.