A Study On Malaysian Court Approaches In Determining The Award Of Specific Performance
In Malaysia, a remedy of specific performance is governed by the Specific Relief Act 1950. Section 11 of the Specific Relief Act 1950 does provide the cases which specific performance may be granted. However, the section is not an exclusive right of a claimant because the court is given a discretionary power to award this remedy. Thus, the objective of this paper is to examine and analyze the current possible circumstances used by the Malaysian court in determining the award of specific performance. To achieve this objective, secondary data from Malaysian court cases year 2014 up to October, 2015 were collected from Current law Journal (CLJ) and Malayan Law Journal (MLJ). Statistical Package for the Social Science (SPSS) was used to analyze data.
Index Termsó Discretionary power, Remedy, Specific Relief Act 1950, Specific Performance.