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

THE CONSTITUTION OF INDIA, 1949 (PAPER – 03 Q. NO. 71 TO 105)

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

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 04 Q. NO. 121 TO 160)

AILET – National Law University Delhi Entrance Test (NLU 2016)

GUJRAT LOWER JUDICIAL SERVICES 2019(1) & (2)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 05 Q. NO. 161 TO 200)

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

AILET – National Law University Delhi Entrance Test (NLU 2018)

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

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

The Hindu Marriage Act, 1955 (Paper 02: Q. 26 TO 50)

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

MADHYA PARDESH LOWER JUDICIAL SERVICES 2019

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 19 Q. NO. 721 TO 760)

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

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 04 Q. NO. 91 TO 116)

THE MADHYA PRASESH LAND REVENUE CODE, 1959 (PAPER 01 Q. NO. 1 TO 30)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 17 Q. NO. 641 TO 680)

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

G.K. ENGLISH -02 GGSSS BNL

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

THE INDIAN CONTRACT ACT, 1872 (PAPER – 10 Q. NO. 316 TO 350)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 15 Q. NO. 561 TO 600)

THE HINDU SUCCESSION ACT, 1956 (PAPER 01 Q. NO. 1 TO 35)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2007-1

THE CONSTITUTION OF INDIA, 1949 (PAPER – 04 Q. NO. 106 TO 140)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 01 Q. NO. 01 TO 40)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2019

MAHARASHTRA LOWER JUDICIAL SERVICES 2022

G.K. PUNJABI – 01 GGSSS BNL

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 02 Q.NO. 41 TO 80)

RAJASTHAN LOWER JUDICIAL SERVICES 2021

THE LIMITATION ACT, 1963 (PAPER 03 Q. NO. 81 TO 120)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 11 Q. NO. 401 TO 440)

AILET – National Law University Delhi Entrance Test (NLU 2023)

BIHAR LOWER JUDICIAL SERVICES EXAM 2020