In cases of a fraudulently induced contract, fraud may serve as a defense in a civil action for breach of contract or specific performance of contract.
2.
Since courts regularly make orders for the specific performance of contracts for the sale of land, a seller of land is, to an extent, regarded as holding the land on trust for the buyer : " Lake v . Bayliss " [ 1974 ] 1 W . L . R . 1073.
3.
The other members of the court did not state the position so specifically one way or the other, but both Viscount Dilhorne at p . 553 and Lord Simon at p . 561 accepted the statement in Fry, Specific Performance of Contract, 6th ed . ( 1921 ), p . 278, section 582:
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