A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.
A. True
B. False
C. It is upto trustee
D. Both B and C
Answer: Option A
Solution(By Examveda Team)
In accordance with the principles of equity and trust law, a trustee holds a fiduciary duty to act in the best interests of the beneficiaries and to administer the trust property in accordance with the terms of the trust deed or applicable law. If a trustee enters into a contract that exceeds their powers or breaches their fiduciary duties, it is considered a breach of trust.Under the Specific Relief Act, which governs the specific performance of contracts, a contract made by a trustee in excess of their powers or in breach of trust cannot be specifically enforced. This means that if a trustee enters into such a contract, the beneficiaries or other affected parties cannot compel the trustee to carry out the contract through specific performance.
Therefore, the statement "A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced" is true (Option A).
This Question Belongs to Law >> Specific Relief Act
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Comments ( 1 )
Which section of the Specific Relief Act provides for grant of temporary and permanent injunctions:
A. Section 35
B. Section 36
C. Section 37
D. None of the above
Which of the following statements is wrong? Perpetual injunction
A. Is granted by a decree
B. Can be granted without notice to and hearing the defendant
C. Can never be granted without notice to and hearing the defendant
D. Can be granted on merits only
Suit for specific performance is claimed when applicant is . . . . . . . . .
A. Necessary party
B. Proper party
C. Neither (A) nor (B)
D. Both (A) and (C)
A. In a contract, where plaintiff has been given an unfair advantage over the defendant
B. In a case where the contract is not enforceable at the instance of the other party
C. Where the defendant entered into the contract under circumstances which though not rendering the contract voidable, makes it inequitable to enforce specific performance
D. Where performance of the contract would involve some hardship on the defendant which he did not foresee, whereas its non-performance would involve no such hardship on the plaintiff
answer is A