Page:United States Statutes at Large Volume 76A.djvu/363

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

–267–

-267CHAPTER 111—SPECIFIC AND PREVENTIVE RELIEF SUBCHAPTER I—GENERAL PBINCIFLES Sec.

4761. 4762. 4763. 4764.

Allowance of specific or preventive relief. Method of giving specific relief. Method of giving preventive relief. Enforcement of penal law, penalty or forfeiture. SUBCHAPTER U—SPECIFIC BELXET

Article A—Possession of Personal Property 4781. Specific delivery. Article B—Specific Performance of Obligations 4791. 4792. 4793. 4794. 4795. 4796. 4797.

Specific performance. Mutuality of remedy. Contract signed by only one party. Contract imposing penalty or liquidated damages. Obligations not specifically enforceable. Parties who can not be compelled to perform. Parties not entitled to Q>ecific performance. Article C—Revision of Contracts

4811. 4812. 4813. 4814.

When contract may be revised. Presumption as to intent of parties. Principles of revision. Enforcement of revised contract Article D—Rescission of Contracts

4821. Grounds for rescission. 4822. Rescission for mistake. 4823. Court may require party rescinding to do equity. Article E—Cancellation of Instruments 4831. 4832. 4833. 4834.

Grounds for cancellation. Instrument obviously void. Cancellation in part Lost or destroyed private documents; establishment; issuance of duplicate; security. SUBCHAPTER III

PREVENTIVE RELIEF

4851. Method of granting preventive relief.

Subchapter I—General Principles § 4761. Allowance of specific or preventive relief Specific or preventive relief may be given as provided by the laws applicable in the Canal Zone. § 4762. Method of giving specific relief Specific relief is given by: (1) taking possession of a thing and delivering it to a claimant; (2) compelling a party himself to do that which ought to be done; or (3) declaring and determining the rights of parties, otherwise than by an award of damages. § 4763. Method of giving preventive relief Preventive relief is given by prohibiting a party from doing that which ought not to be done.