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Daily Legal/ PCS J Quiz: 16 Sep 2024

Consider the following statements regarding specific performance under the Specific Relief Act, 1963:

  1. Specific performance can be enforced only when there is no standard for ascertaining the actual damage.
  2. A court may refuse specific performance if the performance is impossible.
  3. Specific performance cannot be granted in case of a contract for personal service.

Which of the above statements is/are correct?

Consider the following statements regarding the rectification of instruments under the SRA:

  1. Rectification is the correction of mistakes in a written contract.
  2. The court may order rectification if it is satisfied that the mistake was due to fraud.
  3. Rectification cannot be ordered if both parties agree on the original terms.

Which of the above statements is/are correct?

Consider the following statements regarding Section 31 of the SRA (Cancellation of Instruments):

  1. The court can cancel an instrument if it is voidable but not if it is void.
  2. The person seeking cancellation must show that the instrument is likely to cause injury.
  3. A void instrument can never be canceled by the court.

Which of the above statements is/are correct?

Consider the following statements about the contracts that cannot be specifically enforced under the SRA:

  1. Contracts involving personal service cannot be specifically enforced.
  2. A contract dependent on the personal qualification or volition of the parties can be specifically enforced.
  3. Contracts that are uncertain or vague cannot be specifically enforced.

Which of the above statements is/are correct?

Which of the following statements regarding contracts for the sale of immovable property under the SRA is/are correct?

  1. Specific performance of a contract for the sale of immovable property is generally allowed.
  2. Time is considered to be the essence of the contract in contracts for the sale of immovable property.
  3. If the contract involves sale of land, the court may refuse specific performance if damages are adequate compensation.

 

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