Multiple Choice Questions: Chapter 2 of the Specific Relief Act, 1963
Chapter 2 of the Specific Relief Act, 1963, primarily deals with the Specific Performance of Contracts. This chapter outlines the conditions under which specific performance of a contract can be granted, as well as the situations in which specific performance may be denied.
- Under Section 10 of the Specific Relief Act, 1963, a contract for which type of property is specifically enforceable?
a) Any movable property
b) Only immovable property
c) Only real estate property
d) Contracts regarding personal services
- In which of the following situations can a court refuse to grant specific performance of a contract?
a) If the contract is vague or uncertain
b) If the contract involves personal services
c) If the contract is for the sale of immovable property
d) If the contract is formalized in writing
- Which section of the Specific Relief Act outlines the conditions under which specific performance of a contract may be refused?
a) Section 10
b) Section 11
c) Section 14
d) Section 16
- According to Section 11, which of the following is true regarding the contract for specific performance?
a) It is always enforceable if signed by both parties.
b) It must be for a lawful object.
c) It is enforceable regardless of the contract’s terms.
d) It must always involve a third party.
- Which of the following contracts will NOT be specifically enforceable under Section 14 of the Specific Relief Act, 1963?
a) A contract to sell a house
b) A contract involving personal services
c) A contract for the sale of goods
d) A contract for the sale of land
- Under Section 15 of the Specific Relief Act, 1963, which of the following conditions must be satisfied for a contract to be enforceable by specific performance?
a) The contract must be an agreement to exchange movable property.
b) The party seeking performance must show they are ready and willing to perform their part of the contract.
c) The contract must involve financial compensation.
d) The contract must be for goods of a specified quantity.
- What is the effect of a breach of contract when specific performance is not possible?
a) The aggrieved party may seek compensation for loss or damage caused.
b) The aggrieved party can demand the performance of the contract by another person.
c) The court will cancel the contract automatically.
d) The aggrieved party can refuse to perform their obligations under the contract.
- Section 12 of the Specific Relief Act, 1963, deals with contracts that cannot be specifically enforced. Which of the following is a reason for refusal under this section?
a) The contract involves unlawful considerations.
b) The contract has not been registered.
c) The contract is for personal services.
d) The contract is in a foreign jurisdiction.
- According to Section 14 of the Specific Relief Act, 1963, a contract that is:
a) Impractical or impossible to perform can still be enforced.
b) Based on uncertain or unclear terms can be enforced.
c) Relates to personal services cannot be enforced.
d) Has been deemed void can still be enforced.
- Section 18 of the Specific Relief Act, 1963, provides for the remedies available for a party when specific performance is refused. Which of the following is one of these remedies?
a) To claim damages from the party in breach
b) To claim compensation for loss of reputation
c) To seek a penalty for breach of contract
d) To cancel the contract automatically
- Section 16 of the Specific Relief Act, 1963, discusses the specific performance of contracts where one party has not acted in good faith. Which of the following would prevent specific performance under this section?
a) The party seeking performance is unable to pay.
b) The party seeking performance has been dishonest or acted fraudulently.
c) The contract is for the sale of goods.
d) The party seeking performance has been delayed in performance.
- In a contract involving the sale of immovable property, when can specific performance be granted according to Section 10?
a) Only if the buyer has already made full payment.
b) If the contract is registered with the government.
c) If the contract is signed by both parties and the property is identified.
d) If both parties are legal heirs of the property.
Multiple Choice Questions: Chapter 2 of the Specific Relief Act, 1963 (Continued)
- Section 10 of the Specific Relief Act, 1963, states that specific performance of a contract is enforceable when: a) The contract involves the sale of movable property
b) The contract is related to an act of personal service
c) The contract involves the sale of immovable property
d) The contract is purely verbal without written confirmation
- Which of the following is a valid reason under Section 14 of the Specific Relief Act, 1963, for refusing to grant specific performance of a contract?
a) The subject matter of the contract is personal services
b) The contract is vague and does not specify the terms
c) The contract is for the sale of land with an unclear description
d) The parties have mutually agreed to cancel the contract
- In what situation can the court grant specific performance of a contract even if one party has not fully performed their obligations?
a) If the contract is partially performed and no harm will come from it
b) If the other party refuses to perform any part of the contract
c) If the contract was executed under duress
d) If the contract is related to personal services
- Under Section 15 of the Specific Relief Act, 1963, what is required from the party seeking specific performance?
a) They must demonstrate that they are ready and willing to perform their part of the contract
b) They must have already paid full consideration for the contract
c) They must have received a notice of breach from the other party
d) They must seek a financial remedy rather than specific performance
- According to Section 16 of the Specific Relief Act, 1963, a contract cannot be specifically enforced if:
a) It is voidable at the option of the defendant
b) The performance is impossible
c) The party seeking specific performance is not acting in good faith
d) The contract is related to personal property
- Section 11 of the Specific Relief Act provides for the enforcement of contracts related to:
a) Sale of movable property
b) Contracts that are uncertain
c) Contracts with a lawful object
d) Personal service contracts
- When can a contract for the sale of immovable property be specifically enforced under Section 10?
a) Only when the property is vacant
b) Only when both parties agree to the terms in writing
c) When the subject matter is clearly identified and the contract is not vague
d) When there is no dispute over the title of the property
- What is the role of the court when granting specific performance in the case of a sale of land or immovable property?
a) The court ensures that the financial compensation is provided to the aggrieved party
b) The court assesses the market value of the property
c) The court orders the property to be handed over directly to the buyer
d) The court ensures that the property is transferred according to the terms of the contract
- Under Section 14 of the Specific Relief Act, 1963, when can a contract for the sale of goods be specifically enforced?
a) When the goods are unique or rare
b) If the goods are in bulk quantity
c) When the price is fixed
d) If the goods are easily available in the market
- Which of the following types of contracts is most likely to be enforced under Section 10 for specific performance?
a) A contract to perform personal services
b) A contract to sell a specific, identified piece of land
c) A contract to buy movable property
d) A contract to provide financial services
- What must be proven by the party seeking specific performance according to Section 15?
a) They have paid full consideration
b) They are willing and able to perform their obligations
c) The other party has acted in bad faith
d) The contract was signed under coercion
- Under Section 16, if the defendant has been dishonest or fraudulent, the court may refuse specific performance. Which of the following is an example of bad faith?
a) The defendant delays the performance due to unforeseen circumstances
b) The defendant provides false information to induce the contract
c) The defendant changes the terms of the contract after signing
d) The defendant’s performance is delayed due to external factors