Question

Under Section 10 of the Specific Relief Act, 1963 a court can enforce specific performance of a contract when ____.

• A. act agreed to be done is one which an ordinary person can do
• B. there is no standard for ascertaining the actual damage caused by the non-performance
• C. contract is for sale of a movable property
• D. act agreed to be done is one which an ordinary person cannot do

Hint:

Specific performance is preferred when monetary compensation is inadequate.

Answer 1

The Correct Option is B

Step 1: Principle of specific performance.
Specific performance is granted when compensation in money is not an adequate relief.
Step 2: Statutory condition.
Section 10 provides that specific performance may be enforced where there exists no standard for determining actual damages from breach.
Step 3: Conclusion.
Thus, the correct answer is (B) there is no standard for ascertaining the actual damage caused by the non-performance.