Against whom the specific performance of a contract cannot be enforced under The Specific Relief Act, 1963.
CS Executive · Economic, Business and Commercial Laws · PYQS · December 2021
Against whom the specific performance of a contract cannot be enforced under The Specific Relief Act, 1963.
Answer & Explanation:
Under Section 16 of the Specific Relief Act, 1963 specific performance of a contract cannot be enforced in favour of a person— Who has obtained substituted performance of contract under section 20; or Who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or in subversion of, the relation intended to be established by the contract; or Who fails to prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms the performance of which has been prevented or waived by the defendant.
Topics: Specific Relief Act, 1963
Related Questions in this Topic
- Distinguish between Temporary and perpetual injunctions.
- Under what circumstances perpetual injunction can be granted under the Specific Relief Act, 1963?
- When perpetual injunction may be granted under the Specific Relief Act, 1963?
- Enumerate the circumstances in which perpetual injunction can be granted under Specific Relief Act, 1963.
- Describe the contracts which cannot be specifically enforced under Specific Relief Act, 1963.