Which of the following is incorrect

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Which of the following is incorrect:

A. A person seeking specific performance of a contract must approach the court within reasonable time even if time is not of the essence of the contract

B. Family arrangements (compromises) can be specifically enforced

C. In a suit for specific performance of a contract the plaintiff may also claim compensation for its breach, either in addition to, or in substitution of, such performance

D. There is a bar to a decree for specific performance if there is a clause in the contract that in the event of its breach or non-performance a sum of money specified therein is to be paid

Answer: Option D


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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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