Specific performance of a contract cannot be enforced in favour of a person

Option A: Who would not be entitled to recover compensation for its breach

Option B: Who has become incapable of performing

Option C: Who fails to perform and prove that he has performed

Option D: All of the above

Correct Answer

Option: b

Explanation

Personal bars to relief.—Specific performance of a contract cannot be enforced in favour of a person—(a) who would not be entitled to recover compensation for its breach; or(b) 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(c) who fails to aver and 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. Explanation.—For the purposes of clause (c),—(i) where a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any money except when so directed by the court; (ii) the plaintiff must aver performance of, or readiness and willingness to perform, the contract according to its true construction.

Sample Mock Tests for Practice

CLAT 2019

THE INDIAN CONTRACT ACT, 1872 (PAPER – 02 Q. NO. 36 TO 70)

MADHYA PRADESH LOWER JUDICIAL SERVICES 2019(2)

UTTARAKHAND LOWER JUDICIAL SERVICES 2002

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 02 Q. NO. 31 TO 60)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 09 Q. NO. 281 TO 315)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 03 Q.NO. 81 TO 120)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 05 Q. NO. 141 TO 175)

DELHI LOWER JUDICIAL SERVICES 2019

THE CONSTITUTION OF INDIA, 1949 (PAPER – 10 Q. NO. 316 TO 350)

CLAT 2021

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 09 Q. NO. 321 TO 360)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 14 Q. NO. 521 TO 560)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2009

CHHATTISGARH LOWER JUDICIAL SERVICES 2020

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 05 Q. NO. 161 TO 200)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 01 Q.NO. 1 TO 40)

AILET – National Law University Delhi Entrance Test (NLU 2020)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 07 Q.NO. 241 TO 280)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 02 Q. NO. 36 TO 70)

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 03 Q. NO. 61 TO 90)

AIBE-XVI-2021-II (BCI-OCT-2021-SET-A) (ALL INDIA BAR EXAM 2021-II)

UTTAR PARDESH LOWER JUDICIAL SERVICES G.K. EXAM 2018

THE LAW OF TORTS (PAPER 01 Q. NO. 1 TO 45)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2007-2

CLAT 2013

THE CHHATTISGARH EXCISE ACT, 1915 (PAPER 01 Q. NO. 1 TO 8)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 04 Q. NO. 121 TO 160)

THE SPECIFIC RELIEF ACT, 1963 (PAPER – 04 Q. NO. 106 TO 140)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 13 Q. NO. 481 TO 520)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 02 Q. NO. 41 TO 80)

THE LAW OF TORTS (PAPER 04 Q. NO. 136 TO 180)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 16 Q. NO. 526 TO 560)

DELHI LOWER JUDICIARY 2010

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 08 Q. NO. 281 TO 320)

THE HINDU MARRIAGE ACT, 1955 (PAPER -5 Q. NO. 101 TO 134)