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.
Structure Code of Alabama
Title 8 - Commercial Law and Consumer Protection.
Article 3 - Specific Performance.
Section 8-1-40 - Specific Performance Not Enforced in Certain Cases.
Section 8-1-41 - Obligations Which Cannot Be Specifically Enforced.
Section 8-1-44 - Contract Signed by One Party Only May Be Enforced by Other.
Section 8-1-45 - Imposition of Penalty or Liquidation of Damages Not Bar to Specific Performance.
Section 8-1-47 - Presumptions as to Availability of Specific Performance as Remedy.