Multiple Choice Questions: Specific Relief (Amendment) Act, 2018
- What significant change did the Specific Relief (Amendment) Act, 2018 introduce regarding the court’s discretion in granting specific performance?
a) Courts retained full discretion in granting specific performance.
b) Specific performance became a general rule, limiting court discretion.
c) Courts were prohibited from granting specific performance.
d) Specific performance was made entirely discretionary.
- Which new concept introduced by the 2018 Amendment allows a non-breaching party to have the contract performed by a third party and recover costs from the defaulting party?
a) Anticipatory breach
b) Substituted performance
c) Novation of contract
d) Specific enforcement
- Under the amended Specific Relief Act, 1963, which of the following is not a ground for refusing specific performance?
a) Availability of substituted performance
b) Contract involving continuous duty that cannot be supervised
c) Contract dependent on personal qualifications
d) Availability of monetary compensation as adequate relief
- What procedural requirement must a non-breaching party fulfill before opting for substituted performance under the amended Act?
a) Obtain court approval
b) Provide a 30-day prior notice to the defaulting party
c) Publish a public notice
d) File a lawsuit against the defaulting party
- How did the 2018 Amendment impact the nature of specific performance as a remedy under the Specific Relief Act, 1963?
a) It remained an equitable and discretionary remedy.
b) It became a statutory remedy with limited exceptions.
c) It was abolished as a remedy.
d) It became available only for government contracts.
- Which section of the Specific Relief Act, 1963 was amended to introduce the concept of substituted performance?
a) Section 10
b) Section 14
c) Section 20
d) Section 21
- Following the 2018 Amendment, which of the following contracts cannot be specifically enforced?
a) Contracts with substituted performance
b) Contracts involving immovable property
c) Contracts with mutual obligations
d) Contracts with clear and certain terms
- What is the primary objective of the Specific Relief (Amendment) Act, 2018?
a) To increase court discretion in contract enforcement
b) To provide greater certainty in the enforcement of contracts
c) To limit the availability of specific performance
d) To introduce more grounds for refusing specific performance
- How does the introduction of substituted performance under the amended Act benefit the non-breaching party?
a) It allows immediate termination of the contract.
b) It enables avoidance of lengthy litigation by ensuring contract performance through a third party.
c) It requires the non-breaching party to seek court intervention.
d) It limits the remedies available to the non-breaching party.
- What is the effect of opting for substituted performance on the right to seek specific performance under the amended Act?
a) The right to seek specific performance is retained.
b) The right to seek specific performance is forfeited.
c) The right to seek specific performance is enhanced.
d) The right to seek specific performance is unaffected.
Multiple Choice Questions: Specific Relief (Amendment) Act, 2018
- Under the amended Act, what happens if a contract is breached but substituted performance is not opted for?
a) The aggrieved party can only claim damages.
b) The aggrieved party loses the right to seek relief.
c) The aggrieved party can seek specific performance or damages.
d) The aggrieved party must approach a third party for performance.
- Which section of the Specific Relief Act was modified to make specific performance an enforceable right rather than discretionary?
a) Section 10
b) Section 14
c) Section 15
d) Section 16
- What is the maximum period prescribed for executing substituted performance as per the 2018 Amendment?
a) 15 days
b) 30 days
c) 45 days
d) No specific time limit is prescribed
- Under the amended Act, who bears the cost of substituted performance?
a) The non-breaching party
b) The breaching party
c) Both parties equally
d) Determined by the court on a case-to-case basis
- What is the scope of remedies under Section 21 as amended in the Specific Relief Act?
a) Limited to specific performance only
b) Includes both damages and specific performance
c) Limited to injunctions
d) Exclusive to substituted performance
- Which type of contracts are exempted from specific performance under Section 14 of the amended Act?
a) Contracts related to immovable property
b) Contracts requiring personal qualifications
c) Contracts that are determinable in nature
d) Both b) and c)
- What is the role of Section 14A introduced in the 2018 Amendment?
a) It provides guidelines for substituted performance.
b) It allows infrastructure contracts to be enforced through special courts.
c) It limits court intervention in breach of fiduciary contracts.
d) It extends the scope of rescission.
- How does the 2018 Amendment impact contracts related to infrastructure projects?
a) Such contracts are excluded from specific performance.
b) Special treatment is provided for these contracts under Section 14A.
c) These contracts can only be resolved through arbitration.
d) Infrastructure contracts must undergo substituted performance.
- Under the amended Act, what is the primary aim of enforcing contracts for infrastructure projects?
a) To prioritize public interest and economic growth
b) To encourage substitution of performance
c) To allow discretionary refusal of specific performance
d) To limit government involvement in enforcement
- What is the significance of the amendments related to injunctions under Section 41 of the Act?
a) Injunctions can be granted in any situation involving breaches.
b) Injunctions cannot be granted for contracts relating to infrastructure projects.
c) Courts are restricted from granting injunctions against substituted performance.
d) Injunctions are limited to immovable property contracts.