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
This Question Belongs to Law >> Specific Relief Act
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
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