Guam § 3226 - What Parties Cannot be Compelled to Perform.

§ 3226. What Parties Cannot be Compelled to Perform.

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, misappre-

hension, or surprise, except that where the contract provides for compensa-

tion 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.