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
Answer: Option B
Solution (By Examveda Team)
Specific performance is a remedy granted by the court to enforce the terms of a contract when monetary compensation is inadequate. However, there are certain grounds on which the court may refuse to grant specific performance.The grounds mentioned in Option A, Option C, and Option D indicate situations where the contract is unfair, inequitable, or would cause hardship to the defendant. In such cases, the court may refuse to grant specific performance.
However, Option B states that the contract is not enforceable at the instance of the other party, which means the plaintiff has the right to enforce it. The court shall not refuse specific performance on this ground.
This Question Belongs to Law >> Specific Relief Act
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