Multiple Choice Questions: Specific Relief (Amendment) Act, 2018 (Continued)
- How has the 2018 Amendment addressed the time factor in resolving disputes related to specific performance of contracts?
a) It mandates resolution within 6 months.
b) It introduces a fast-track mechanism for all cases.
c) It sets no specific timeline but encourages efficiency.
d) It allows only arbitration for faster resolution.
- Which of the following categories of contracts was explicitly given special protection under the Specific Relief (Amendment) Act, 2018?
a) Government contracts only
b) Contracts involving movable goods
c) Contracts related to public infrastructure projects
d) Contracts for the sale of personal property
- Under the amended Act, what role does the central government have concerning public infrastructure projects?
a) It can directly enforce specific performance of such contracts.
b) It can notify categories of projects that require special treatment.
c) It has no role in enforcement but supervises substituted performance.
d) It can arbitrate disputes between parties to such contracts.
- The provision for substituted performance under the amended Act is aimed at:
a) Enhancing judicial discretion.
b) Minimizing delays in contractual remedies.
c) Reducing the scope of specific performance.
d) Abolishing monetary compensation as a remedy.
- What was the impact of the 2018 Amendment on Section 20 regarding the discretionary nature of specific performance?
a) It removed Section 20 altogether.
b) It made specific performance a mandatory relief in all cases.
c) It retained discretion but introduced substituted performance.
d) It limited discretion, making specific performance the norm.
- What is the consequence of a contract being declared “determinable” under the amended Act?
a) It can be specifically enforced.
b) It can only result in substituted performance.
c) It cannot be specifically enforced.
d) It must be enforced through arbitration.
- How does the amended Act treat contracts requiring continuous supervision?
a) Such contracts can be specifically enforced.
b) Such contracts cannot be specifically enforced.
c) Such contracts must be resolved through substituted performance.
d) Such contracts are treated as determinable contracts.
- Which provision was introduced to align the Specific Relief Act with modern contractual needs?
a) Discretionary refusal of specific performance
b) Special protection for public infrastructure projects
c) Introduction of punitive damages for breaches
d) Abolition of substituted performance
- What role does Section 41(h) play in the context of injunctions post-amendment?
a) It prohibits all injunctions in contractual disputes.
b) It allows injunctions only for personal obligations.
c) It restricts injunctions that impede public infrastructure projects.
d) It permits injunctions in government contracts only.
- How does the 2018 Amendment balance public interest with individual rights?
a) By abolishing specific performance for individual contracts
b) By limiting injunctions in public projects while protecting contractual remedies
c) By prioritizing government interests over private disputes
d) By making substituted performance the only remedy for public contracts
Multiple Choice Questions: Specific Relief (Amendment) Act, 2018 (Continued)
- Which type of projects can be exempted from the usual application of the Specific Relief Act by the government under the amended Act?
a) Private housing projects
b) Public infrastructure projects
c) International trade agreements
d) Personal service contracts
- How does the amended Act address the issue of monetary damages in relation to specific performance?
a) Monetary damages are prioritized over specific performance.
b) Both monetary damages and specific performance can be granted together.
c) Monetary damages are abolished as a remedy.
d) Monetary damages can only be granted in case of substituted performance.
- In the context of substituted performance, what happens if the defaulting party challenges the aggrieved party’s actions in court?
a) The substituted performance is automatically nullified.
b) The court must approve the substituted performance retrospectively.
c) The aggrieved party’s right to recover costs remains protected.
d) The case must go to arbitration.
- What does the term “specific performance” primarily mean under the Specific Relief Act?
a) Granting monetary compensation to the aggrieved party
b) Enforcement of the precise terms of a contract
c) Substituting a new contract for the existing one
d) Rescission of the contract
- How does the amended Act ensure accountability in contracts involving continuous obligations?
a) By allowing substituted performance
b) By excluding such contracts from specific performance
c) By mandating supervision by the courts
d) By providing punitive damages for breach
- What is the significance of Section 16 under the Specific Relief Act as amended in 2018?
a) It outlines conditions under which specific performance may be refused.
b) It defines substituted performance.
c) It specifies the procedure for monetary damages.
d) It deals with contracts that require personal service.
- What is the key condition for an aggrieved party to seek substituted performance under the amended Act?
a) Court approval before engaging a third party
b) Prior notice of at least 30 days to the defaulting party
c) Execution of a formal agreement with the third party
d) Proof of financial incapacity to complete the contract
- Which of the following is a consequence of opting for substituted performance under the amended Act?
a) The aggrieved party forfeits the right to specific performance.
b) The aggrieved party cannot recover costs incurred.
c) The defaulting party can void the substituted performance.
d) The aggrieved party must approach the court for compensation.
- What was one of the primary objectives of the 2018 Amendment to the Specific Relief Act?
a) To prioritize discretionary remedies over statutory remedies
b) To align the Act with modern commercial practices
c) To limit the applicability of specific performance
d) To abolish the remedy of substituted performance
- How does the amended Act deal with contracts requiring personal skills or expertise?
a) Such contracts are specifically enforceable.
b) Such contracts are excluded from specific performance.
c) Such contracts are subject to substituted performance.
d) Such contracts must be performed through arbitration.