Alabama § 8-1-40 Specific Performance Not Enforced in Certain Cases

Alabama Statutes

§ 8-1-40 — Specific Performance Not Enforced in Certain Cases

Alabama § 8-1-40

Title 8Commercial Law and Consumer Protection

Ch. 1Contracts

Art. 3Specific Performance

This text of Alabama § 8-1-40 (Specific Performance Not Enforced in Certain Cases) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 8-1-40 (2026).

Text

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.

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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.