Section 18 of SRA : Section 18: Non-Enforcement Except With Variation

Explanation using Example

Imagine Sarah agrees in writing to sell her car to John for $10,000. Later, John discovers that Sarah had misrepresented the car's mileage during their negotiations. John sues Sarah for specific performance of the contract to purchase the car. However, Sarah argues that the contract should be enforced with a variation, acknowledging the actual higher mileage.

In this scenario, under Section 18 of The Specific Relief Act, 1963, if John wants the court to enforce the contract, it may be enforced with the variation that includes the correct mileage of the car. This is because the written contract differs from what was agreed upon due to misrepresentation by Sarah.