Which of the following can be specifically enforced under Section 10 of the Specific Relief Act, 1963?
A. Contingent contract
B. Formation of a partnership
C. Chattel of special value
D. Deeds of separation
Answer: Option C
Solution (By Examveda Team)
Section 10 of the Specific Relief Act, 1963 deals with the specific enforcement of contracts in cases where damages are not an adequate remedy.Chattel of special value refers to a movable property that holds unique importance, making monetary compensation insufficient. In such cases, courts may order specific performance to ensure the party receives the exact item rather than compensation.
Why Not the Other Options?
Option A: Contingent contract – These contracts depend on a future uncertain event, making them unenforceable under specific performance until the condition is met.
Option B: Formation of a partnership – The law does not enforce contracts requiring personal skills or mutual trust as specific performance, since forcing unwilling parties into partnership is impractical.
Option D: Deeds of separation – These agreements relate to personal relationships and are not enforceable under specific performance as they involve personal obligations.
Thus, Chattel of special value is the correct answer as it meets the requirement for specific enforcement under Section 10.
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
Give solution of why chattel of special value can be specifically enforced in specific relief act