Specific Relief Act - Study Mode

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[#266] In order to succeed in the suit for the specific performance of a contract for sale, the plaintiff has to aver and prove that:

(A) His readiness and willingness to perform the contract

(B) Only, his readiness to perform the contract

(C) Only, his willingness to perform the contract

(D) Only his potential to perform the contract

Correct Answer

(A) His readiness and willingness to perform the contract

[#267] In terms of Section 26 of the Specific Relief Act, an instrument:

(A) Can never be rectified

(B) May be rectified

(C) May be rectified only when it fails to express the real intention of the party due to fraud

(D) May be rectified only when it fails to express the real intention of the parties due to fraud or manual mistake of the party

Correct Answer

(D) May be rectified only when it fails to express the real intention of the parties due to fraud or manual mistake of the party

[#268] Which of the following statements are true regarding a decree of declaration? (1) It creates no new rights. (2) It cannot be prayed as a matter of right. (3) If all the parties are not joined, declaration cannot be granted. (4) Such a decree is conclusive between the parties to it and persons litigating through them.

(A) (1), (2), (3), (4)

(B) (1), (3), (4)

(C) (1), (2), (3)

(D) (1) and (2)

Correct Answer

(A) (1), (2), (3), (4)

[#269] The following contracts cannot be specifically enforced, namely

(A) A contract which runs into such minute or numerous details or which is so dependent on the personal qualifications or volition of the parties, or otherwise from its nature is such that the Court cannot enforce specific performance of its material terms

(B) A contract which is in its nature determinable

(C) Both (A) and (B)

(D) Neither (A) nor (B)

(E) When it is not possible to ascertain the actual damage caused by the non-performance of the act agreed to do done

(F) A contract for the performance of which involves the performance of a continuous duty which the Court cannot supervise

(G) Both (A) and (B)

(H) Neither (A) and (B)

Correct Answer

(C) Both (A) and (B)
(F) A contract for the performance of which involves the performance of a continuous duty which the Court cannot supervise

[#270] Specific performance of any contract may, in discretion of the court, be enforced

(A) When there exists no standard for ascertaining actual damage caused by the non-performance of the act agreed to be done

(B) When the Act agreed to be done is such that compensation in money for its non-performance would not afford inadequate relief

(C) Both (A) and (B)

(D) None of above