Specific Relief Act - Study Mode
[#101] Specific performance of a part of the contract, has been dealt with under which Section of the Specific Relief Act, 1963 -
Correct Answer
(D) Section 12
[#102] Under Section 26 of Specific Relief Act, the Court may direct to rectify an instrument so as to express the real intention of the parties
Correct Answer
(A) If there is a mutual mistake of the parties
[#103] Rescission of contracts may be allowed if:
Correct Answer
(A) Where the contract is voidable at the instance of the plaintiff
Explanation
Solution: Rescission of contracts refers to the cancellation of a contract, returning the parties to the positions they were in before the contract was made. Rescission may be allowed if: Where the contract is voidable at the instance of the plaintiff: This means that if the contract can be voided by the plaintiff, rescission can be sought. This typically happens in cases of misrepresentation, fraud, undue influence, or mistake. Option B: When the contract is void, rescission is generally not required because a void contract is already considered legally unenforceable. Option C: If a third party acquires an interest in the contract in good faith, rescission may not be allowed to protect the third party's rights. Therefore, the correct answer is Option A: Where the contract is voidable at the instance of the plaintiff .
[#104] In case of cancellation under section 31 the relief of specific performance
Correct Answer
(C) Out of question
[#105] Section 11 of Specific Relief Act, 1963, provides for
Correct Answer
(A) Specific performance of a part of the contract
Explanation
Solution: Section 11 of the Specific Relief Act, 1963 , provides for the specific performance of a part of the contract . This means that under certain circumstances, a party to a contract may seek the enforcement of the performance of a specific part or portion of the contract, rather than the entire contract. For example, if a contract involves multiple obligations, and one party fulfills their part while the other party fails to perform a specific portion of the contract, the aggrieved party may seek specific performance of that particular portion while seeking other remedies for the remaining obligations. Option B: Specific performance of contracts connected with trusts , Option C: Defences respecting suits for relief based on contract , and Option D: Circumstances in which specific performance of a contract is enforceable are not the specific content provided by Section 11 of the Specific Relief Act. Given the options provided, the correct answer is Option A: Specific performance of a part of the contract.