Specific relief is discretionary. In a problem answer, state the statutory requirement first, then the factors that guide the court’s discretion.
Key sections — study pointers
Our notes on what to look for. They are not the text of the law.
| Section | Heading | Study note |
|---|---|---|
| 8 | Recovery of specific immovable property | Recovery on the basis of title, in the manner the Code of Civil Procedure prescribes. |
| 9 | Suit by a person dispossessed | A summary remedy based on prior possession, not title, if brought within six months of dispossession. Note the restrictions on appeal and review. |
| 12 | Specific performance | The cases in which specific performance of a contract may be enforced. |
| 39 | Cancellation of instruments | Cancellation of a void or voidable instrument that may cause serious injury if left outstanding. |
| 42 | Declaratory decrees | Declaration of legal character or of a right to property. The proviso on further relief is frequently examined. |
| 52–57 | Injunctions | Temporary, perpetual and mandatory injunctions, and the cases in which an injunction is refused. |