Federal Act · Background

§ File · Legislation Pillar 03 · Education

Specific Relief Act 1950

SPECIFIC RELIEF ACT 1950

AKTA RELIF SPESIFIK 1950

Act 137 · consolidated to 1 Jan 2006 · 42 pp

Socio-economic rights

This copy of the Act is 20 years old. Any amendment made since 1 January 2006 is not in this text. Check the AGC record for later amendments.

Why it matters

What this does to artists

The remedies statute that sits behind Contracts Act claims: specific performance, injunctions, rescission and rectification. It is what you reach for when damages are not enough, which in arts disputes is often, because the thing you want is the work back or the show stopped.

Start here

What to read first

Section numbers read out of the AGC text itself

s.11Cases in which specific performance enforceable

s.20Contracts not specifically enforceable Discretion of the Court

s.35Rescission for mistake

s.32Principles of rectification

s.54Injunction when refused

In practice

Where this one bites

Scenario

Sign a management, label or agency deal

** `What you assign you do not get back. And the clause that looks like a life sentence is often weaker than i…

Scenario

Chase an unpaid fee or invoice

Being owed money is common, and it is fixable more often than people expect. Where you go to get it depends on…

Scenario

Someone used your work without asking

Before anything else, check that you own it. Most of these come apart on ownership rather than on the copying,…

Full arrangement of sections 55 sections · show / hide

Extracted from the AGC PDF on this page.

s.1Short title

s.2Interpretation

s.3Savings

s.4Specific relief how given

s.5Preventive relief

s.6Relief not granted to enforce penal law

s.7Recovery of specific immovable property

s.8Suit by person dispossessed of immovable property Possession of Movable Property

s.9Recovery of specific movable property

s.10Liability of person in possession, not as owner, to deliver to person entitled to immediate possession

s.11Cases in which specific performance enforceable

s.12Contracts of which the subject has partially ceased to exist

s.13Specific performance of part of contract where part unperformed is small

s.14Specific performance of part of contract where part unperformed is large

s.15Specific performance of independent part of contract

s.16Bar in other cases of specific performance of part of contract

s.17Purchaser’s rights against vendor with imperfect title

s.18Power to award compensation in certain cases

s.19Liquidation of damages not a bar to specific performance Contracts which cannot be Specifically Enforced

s.20Contracts not specifically enforceable Discretion of the Court

s.21Discretion as to decreeing specific performance For whom Contracts may be Specifically Enforced

s.22Who may obtain specific performance For whom Contracts cannot be Specifically Enforced

s.23Personal bars to the relief

s.24Contracts to sell property by one who has no title, or who is a voluntary settlor For whom Contracts cannot be Specifically Enforced, except with a Variation

s.25Non-enforcement except with variation Against whom Contracts may be Specifically Enforced

s.26Relief against parties and persons claiming under them by subsequent title Against whom Contracts cannot be Specifically Enforced

s.27What parties cannot be compelled to perform The effect of Dismissing a suit for Specific Performance

s.28Bar of suit for breach after dismissal Awards and Directions to Execute Settlements

s.29Application of preceding sections to awards and testamentary directions to execute settlements

s.30When instrument may be rectified

s.31Presumption as to intent of parties

s.32Principles of rectification

s.33Specific enforcement of rectified contract

s.34When rescission may be adjudged

s.35Rescission for mistake

s.36Alternative prayer for rescission in suit for specific performance

s.37Court may require party rescinding to do equity

s.38When cancellation may be ordered

s.39What instruments may be partially cancelled

s.40Power to require party for whom instrument is cancelled to make compensation

s.41Discretion of court as to declaration of status or right

s.42Effect of declaration

s.43Appointment of Receivers discretionary

s.44Power to order public servants and others to do certain specific acts

s.45Application how made and procedure

s.46Peremptory order

s.47Execution of, and appeal from, orders

s.48Costs

s.49Bar to issue of mandamus

s.50Preventive relief how granted

s.51Temporary and perpetual injunctions

s.52Perpetual injunctions when granted

s.53Mandatory injunctions

s.54Injunction when refused

s.55Injunction to perform negative agreement

Full text

Read the law

PDF · 0.1 MB · hosted by ALIM

English text

Open the full text →

Source of record · lom.agc.gov.my/act-detail.php?act=137&lang=BI

Who this reaches

Visual artsMusicFilm & TVPerforming artsLiterature, writing & publishingFashion & craftDigital & mediaMuseum & archivingContent creationEverything else

Important notice

This page is published by ALIM (Art × Law Initiative Malaysia) as general legal information for Malaysia’s creative communities. It is not legal advice. It does not take your circumstances into account, and reading it does not create a solicitor-client relationship with ALIM or with anyone associated with it.

The law changes. Each Act reproduced here is the Attorney General’s Chambers’ consolidated reprint and carries the date it was consolidated to; amendments made after that date do not appear in the text, and the authoritative version of any Malaysian law is the one published in the Federal Gazette. Subsidiary legislation, state enactments and local authority by-laws may also apply to your situation and are largely outside this library.

Please do not act, or decide not to act, on the strength of this page alone. Take advice from an advocate and solicitor on your own facts. To the extent permitted by law, ALIM and its contributors accept no liability for any loss arising from reliance on this page.

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