Section 26

Where any party to a contract (whether enforceable by law or not) has refused to perform or has neglected to perform or has broken any promise of performance in the contract, the party who so refuses or neglects or breaks any promise of performance may be compelled to perform or to comply with such promise if the party seeking relief in respect thereof satisfies the court that he has obtained the contract through the fraud or misrepresentation of the party refusing or neglecting or breaking any promise of performance, or that the party refusing or neglecting or breaking any promise of performance has acted in relation thereto in gross breach of good faith, or that the party seeking relief in respect thereof has at the time of entering into the contract or at the time of the refusal or neglect or breach of promise of performance, as the case may be, been under a mistake as to the substance of the contract, or that the party refusing or neglecting or breaking any promise of performance has been guilty of conduct which is unconscionable in the circumstances.