In a suit for specific performance of a contract the plaintiff...

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In a suit for specific performance of a contract, the plaintiff has not claimed compensation for breach in substitution of such performance. The court concludes that though the defendant is in breach but the discretion implicit in the grant of relief of specific performance be not exercised in favour of the plaintiff. The court in such a situation,

A. In the absence of the claim in the plaint for compensation cannot award such compensation to the plaintiff

B. Notwithstanding the plaintiff having not claimed compensation is empowered to award such compensation to the plaintiff as may be deemed appropriate.

C. Notwithstanding the plaintiff having not claimed compensation, is empowered to award compensation to the plaintiff if the plaintiff has led any evidence qua compensation.

D. Notwithstanding the plaintiff having not claimed compensation and having not led evidence, is required to give an opportunity to the plaintiff to lead evidence qua compensation.

Answer: Option A


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Point out - On which of the following ground the court shall not refuse the decree of specific performance.

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

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