Question Description
Directions:The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The Specific Relief Act provides for specific reliefs. Specific relief means relief of certain species, i.e. an exact or particular, a named, fixed or determined relief. The term is generally understood as providing relief of a specific kind rather than a general relief or damages or compensation. It is a remedy which aims at the exact fulfilment of an obligation or specific performance of the contract, i.e if some body unlawfully dispossesses someone of his property, the general relief may be requiring the defendant to pay the other party compensation equivalent to the loss suffered by him due to dispossession. Specific relief may enable to have the possession of the same property over again by requiring the defendant to restore possession of the property. Specific performance is generally granted when there exists no standard for ascertaining actual damage, say, there is sale of picture by the dead painter, or where compensation in money will not provide adequate relief to the plaintiff. S. 10 of the Act provides the conditions where the specific performance of contract is enforceable. According to it, the specific performance of any contract may, in the discretion of the court, be enforced when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done or when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. But in the exercise of this discretion, the court is governed by certain principles. The explanation to the section states that the court in case of immovable property shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and that the breach of a contract to transfer movable property can be so relieved except in the cases where the property is not an ordinary article of commerce, or is of special value or interest to the person, or consists of goods which are not easily obtainable in the market; or where the property is held by the defendant as the agent or trustee of the plaintiff. It would be burden of defendants to demonstrate that the breach can be adequately compensated. Section 11(2) of the Specific Relief Act, 1963 provides that a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. Also, the contract to be specifically enforced must be mutual. The doctrine of mutuality means that the contract must be mutually enforceable by each party against the other. It does not, however, mean that for every right there must be corresponding clause. A contract may contain series of clauses and covenants which form the total bargain between the parties, and each of them is the consideration for the other. It means each party to the contract must have the freedom to enforce his right under the contract against each other.Q.X contracted to sell his 10 acres land to Y and also promised to pay Y $50,000 in default, to which Y agreed. X got a better deal from Z [a multimillionaire], who wanted to set up an industry on 4 acres of land of X for the same amount Y was paying for the whole of land. X did not reveal the same to Y and sold 4 acres to Z. Y demanded for specific performance of the contract between X and Y.a)The same can be done as the court in case of immovable property may presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation.b)The same can be done as the court can cancel the sale of 4 acres of land as its on the discretion of court to enforce a contract specifically.c)The same cannot be done as the court can fix adequate compensation in this matter which is 75% of money paid by Z as Z paid double the amount Y had to pay.d)The same cannot be done due to the promise of X to compensate in case of default.Correct answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Directions:The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The Specific Relief Act provides for specific reliefs. Specific relief means relief of certain species, i.e. an exact or particular, a named, fixed or determined relief. The term is generally understood as providing relief of a specific kind rather than a general relief or damages or compensation. It is a remedy which aims at the exact fulfilment of an obligation or specific performance of the contract, i.e if some body unlawfully dispossesses someone of his property, the general relief may be requiring the defendant to pay the other party compensation equivalent to the loss suffered by him due to dispossession. Specific relief may enable to have the possession of the same property over again by requiring the defendant to restore possession of the property. Specific performance is generally granted when there exists no standard for ascertaining actual damage, say, there is sale of picture by the dead painter, or where compensation in money will not provide adequate relief to the plaintiff. S. 10 of the Act provides the conditions where the specific performance of contract is enforceable. According to it, the specific performance of any contract may, in the discretion of the court, be enforced when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done or when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. But in the exercise of this discretion, the court is governed by certain principles. The explanation to the section states that the court in case of immovable property shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and that the breach of a contract to transfer movable property can be so relieved except in the cases where the property is not an ordinary article of commerce, or is of special value or interest to the person, or consists of goods which are not easily obtainable in the market; or where the property is held by the defendant as the agent or trustee of the plaintiff. It would be burden of defendants to demonstrate that the breach can be adequately compensated. Section 11(2) of the Specific Relief Act, 1963 provides that a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. Also, the contract to be specifically enforced must be mutual. The doctrine of mutuality means that the contract must be mutually enforceable by each party against the other. It does not, however, mean that for every right there must be corresponding clause. A contract may contain series of clauses and covenants which form the total bargain between the parties, and each of them is the consideration for the other. It means each party to the contract must have the freedom to enforce his right under the contract against each other.Q.X contracted to sell his 10 acres land to Y and also promised to pay Y $50,000 in default, to which Y agreed. X got a better deal from Z [a multimillionaire], who wanted to set up an industry on 4 acres of land of X for the same amount Y was paying for the whole of land. X did not reveal the same to Y and sold 4 acres to Z. Y demanded for specific performance of the contract between X and Y.a)The same can be done as the court in case of immovable property may presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation.b)The same can be done as the court can cancel the sale of 4 acres of land as its on the discretion of court to enforce a contract specifically.c)The same cannot be done as the court can fix adequate compensation in this matter which is 75% of money paid by Z as Z paid double the amount Y had to pay.d)The same cannot be done due to the promise of X to compensate in case of default.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Directions:The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The Specific Relief Act provides for specific reliefs. Specific relief means relief of certain species, i.e. an exact or particular, a named, fixed or determined relief. The term is generally understood as providing relief of a specific kind rather than a general relief or damages or compensation. It is a remedy which aims at the exact fulfilment of an obligation or specific performance of the contract, i.e if some body unlawfully dispossesses someone of his property, the general relief may be requiring the defendant to pay the other party compensation equivalent to the loss suffered by him due to dispossession. Specific relief may enable to have the possession of the same property over again by requiring the defendant to restore possession of the property. Specific performance is generally granted when there exists no standard for ascertaining actual damage, say, there is sale of picture by the dead painter, or where compensation in money will not provide adequate relief to the plaintiff. S. 10 of the Act provides the conditions where the specific performance of contract is enforceable. According to it, the specific performance of any contract may, in the discretion of the court, be enforced when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done or when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. But in the exercise of this discretion, the court is governed by certain principles. The explanation to the section states that the court in case of immovable property shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and that the breach of a contract to transfer movable property can be so relieved except in the cases where the property is not an ordinary article of commerce, or is of special value or interest to the person, or consists of goods which are not easily obtainable in the market; or where the property is held by the defendant as the agent or trustee of the plaintiff. It would be burden of defendants to demonstrate that the breach can be adequately compensated. Section 11(2) of the Specific Relief Act, 1963 provides that a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. Also, the contract to be specifically enforced must be mutual. The doctrine of mutuality means that the contract must be mutually enforceable by each party against the other. It does not, however, mean that for every right there must be corresponding clause. A contract may contain series of clauses and covenants which form the total bargain between the parties, and each of them is the consideration for the other. It means each party to the contract must have the freedom to enforce his right under the contract against each other.Q.X contracted to sell his 10 acres land to Y and also promised to pay Y $50,000 in default, to which Y agreed. X got a better deal from Z [a multimillionaire], who wanted to set up an industry on 4 acres of land of X for the same amount Y was paying for the whole of land. X did not reveal the same to Y and sold 4 acres to Z. Y demanded for specific performance of the contract between X and Y.a)The same can be done as the court in case of immovable property may presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation.b)The same can be done as the court can cancel the sale of 4 acres of land as its on the discretion of court to enforce a contract specifically.c)The same cannot be done as the court can fix adequate compensation in this matter which is 75% of money paid by Z as Z paid double the amount Y had to pay.d)The same cannot be done due to the promise of X to compensate in case of default.Correct answer is option 'D'. Can you explain this answer?.

Solutions for Directions:The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The Specific Relief Act provides for specific reliefs. Specific relief means relief of certain species, i.e. an exact or particular, a named, fixed or determined relief. The term is generally understood as providing relief of a specific kind rather than a general relief or damages or compensation. It is a remedy which aims at the exact fulfilment of an obligation or specific performance of the contract, i.e if some body unlawfully dispossesses someone of his property, the general relief may be requiring the defendant to pay the other party compensation equivalent to the loss suffered by him due to dispossession. Specific relief may enable to have the possession of the same property over again by requiring the defendant to restore possession of the property. Specific performance is generally granted when there exists no standard for ascertaining actual damage, say, there is sale of picture by the dead painter, or where compensation in money will not provide adequate relief to the plaintiff. S. 10 of the Act provides the conditions where the specific performance of contract is enforceable. According to it, the specific performance of any contract may, in the discretion of the court, be enforced when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done or when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. But in the exercise of this discretion, the court is governed by certain principles. The explanation to the section states that the court in case of immovable property shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and that the breach of a contract to transfer movable property can be so relieved except in the cases where the property is not an ordinary article of commerce, or is of special value or interest to the person, or consists of goods which are not easily obtainable in the market; or where the property is held by the defendant as the agent or trustee of the plaintiff. It would be burden of defendants to demonstrate that the breach can be adequately compensated. Section 11(2) of the Specific Relief Act, 1963 provides that a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. Also, the contract to be specifically enforced must be mutual. The doctrine of mutuality means that the contract must be mutually enforceable by each party against the other. It does not, however, mean that for every right there must be corresponding clause. A contract may contain series of clauses and covenants which form the total bargain between the parties, and each of them is the consideration for the other. It means each party to the contract must have the freedom to enforce his right under the contract against each other.Q.X contracted to sell his 10 acres land to Y and also promised to pay Y $50,000 in default, to which Y agreed. X got a better deal from Z [a multimillionaire], who wanted to set up an industry on 4 acres of land of X for the same amount Y was paying for the whole of land. X did not reveal the same to Y and sold 4 acres to Z. Y demanded for specific performance of the contract between X and Y.a)The same can be done as the court in case of immovable property may presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation.b)The same can be done as the court can cancel the sale of 4 acres of land as its on the discretion of court to enforce a contract specifically.c)The same cannot be done as the court can fix adequate compensation in this matter which is 75% of money paid by Z as Z paid double the amount Y had to pay.d)The same cannot be done due to the promise of X to compensate in case of default.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.

Here you can find the meaning of Directions:The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The Specific Relief Act provides for specific reliefs. Specific relief means relief of certain species, i.e. an exact or particular, a named, fixed or determined relief. The term is generally understood as providing relief of a specific kind rather than a general relief or damages or compensation. It is a remedy which aims at the exact fulfilment of an obligation or specific performance of the contract, i.e if some body unlawfully dispossesses someone of his property, the general relief may be requiring the defendant to pay the other party compensation equivalent to the loss suffered by him due to dispossession. Specific relief may enable to have the possession of the same property over again by requiring the defendant to restore possession of the property. Specific performance is generally granted when there exists no standard for ascertaining actual damage, say, there is sale of picture by the dead painter, or where compensation in money will not provide adequate relief to the plaintiff. S. 10 of the Act provides the conditions where the specific performance of contract is enforceable. According to it, the specific performance of any contract may, in the discretion of the court, be enforced when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done or when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. But in the exercise of this discretion, the court is governed by certain principles. The explanation to the section states that the court in case of immovable property shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and that the breach of a contract to transfer movable property can be so relieved except in the cases where the property is not an ordinary article of commerce, or is of special value or interest to the person, or consists of goods which are not easily obtainable in the market; or where the property is held by the defendant as the agent or trustee of the plaintiff. It would be burden of defendants to demonstrate that the breach can be adequately compensated. Section 11(2) of the Specific Relief Act, 1963 provides that a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. Also, the contract to be specifically enforced must be mutual. The doctrine of mutuality means that the contract must be mutually enforceable by each party against the other. It does not, however, mean that for every right there must be corresponding clause. A contract may contain series of clauses and covenants which form the total bargain between the parties, and each of them is the consideration for the other. It means each party to the contract must have the freedom to enforce his right under the contract against each other.Q.X contracted to sell his 10 acres land to Y and also promised to pay Y $50,000 in default, to which Y agreed. X got a better deal from Z [a multimillionaire], who wanted to set up an industry on 4 acres of land of X for the same amount Y was paying for the whole of land. X did not reveal the same to Y and sold 4 acres to Z. Y demanded for specific performance of the contract between X and Y.a)The same can be done as the court in case of immovable property may presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation.b)The same can be done as the court can cancel the sale of 4 acres of land as its on the discretion of court to enforce a contract specifically.c)The same cannot be done as the court can fix adequate compensation in this matter which is 75% of money paid by Z as Z paid double the amount Y had to pay.d)The same cannot be done due to the promise of X to compensate in case of default.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Directions:The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The Specific Relief Act provides for specific reliefs. Specific relief means relief of certain species, i.e. an exact or particular, a named, fixed or determined relief. The term is generally understood as providing relief of a specific kind rather than a general relief or damages or compensation. It is a remedy which aims at the exact fulfilment of an obligation or specific performance of the contract, i.e if some body unlawfully dispossesses someone of his property, the general relief may be requiring the defendant to pay the other party compensation equivalent to the loss suffered by him due to dispossession. Specific relief may enable to have the possession of the same property over again by requiring the defendant to restore possession of the property. Specific performance is generally granted when there exists no standard for ascertaining actual damage, say, there is sale of picture by the dead painter, or where compensation in money will not provide adequate relief to the plaintiff. S. 10 of the Act provides the conditions where the specific performance of contract is enforceable. According to it, the specific performance of any contract may, in the discretion of the court, be enforced when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done or when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. But in the exercise of this discretion, the court is governed by certain principles. The explanation to the section states that the court in case of immovable property shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and that the breach of a contract to transfer movable property can be so relieved except in the cases where the property is not an ordinary article of commerce, or is of special value or interest to the person, or consists of goods which are not easily obtainable in the market; or where the property is held by the defendant as the agent or trustee of the plaintiff. It would be burden of defendants to demonstrate that the breach can be adequately compensated. Section 11(2) of the Specific Relief Act, 1963 provides that a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. Also, the contract to be specifically enforced must be mutual. The doctrine of mutuality means that the contract must be mutually enforceable by each party against the other. It does not, however, mean that for every right there must be corresponding clause. A contract may contain series of clauses and covenants which form the total bargain between the parties, and each of them is the consideration for the other. It means each party to the contract must have the freedom to enforce his right under the contract against each other.Q.X contracted to sell his 10 acres land to Y and also promised to pay Y $50,000 in default, to which Y agreed. X got a better deal from Z [a multimillionaire], who wanted to set up an industry on 4 acres of land of X for the same amount Y was paying for the whole of land. X did not reveal the same to Y and sold 4 acres to Z. Y demanded for specific performance of the contract between X and Y.a)The same can be done as the court in case of immovable property may presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation.b)The same can be done as the court can cancel the sale of 4 acres of land as its on the discretion of court to enforce a contract specifically.c)The same cannot be done as the court can fix adequate compensation in this matter which is 75% of money paid by Z as Z paid double the amount Y had to pay.d)The same cannot be done due to the promise of X to compensate in case of default.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Directions:The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The Specific Relief Act provides for specific reliefs. Specific relief means relief of certain species, i.e. an exact or particular, a named, fixed or determined relief. The term is generally understood as providing relief of a specific kind rather than a general relief or damages or compensation. It is a remedy which aims at the exact fulfilment of an obligation or specific performance of the contract, i.e if some body unlawfully dispossesses someone of his property, the general relief may be requiring the defendant to pay the other party compensation equivalent to the loss suffered by him due to dispossession. Specific relief may enable to have the possession of the same property over again by requiring the defendant to restore possession of the property. Specific performance is generally granted when there exists no standard for ascertaining actual damage, say, there is sale of picture by the dead painter, or where compensation in money will not provide adequate relief to the plaintiff. S. 10 of the Act provides the conditions where the specific performance of contract is enforceable. According to it, the specific performance of any contract may, in the discretion of the court, be enforced when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done or when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. But in the exercise of this discretion, the court is governed by certain principles. The explanation to the section states that the court in case of immovable property shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and that the breach of a contract to transfer movable property can be so relieved except in the cases where the property is not an ordinary article of commerce, or is of special value or interest to the person, or consists of goods which are not easily obtainable in the market; or where the property is held by the defendant as the agent or trustee of the plaintiff. It would be burden of defendants to demonstrate that the breach can be adequately compensated. Section 11(2) of the Specific Relief Act, 1963 provides that a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. Also, the contract to be specifically enforced must be mutual. The doctrine of mutuality means that the contract must be mutually enforceable by each party against the other. It does not, however, mean that for every right there must be corresponding clause. A contract may contain series of clauses and covenants which form the total bargain between the parties, and each of them is the consideration for the other. It means each party to the contract must have the freedom to enforce his right under the contract against each other.Q.X contracted to sell his 10 acres land to Y and also promised to pay Y $50,000 in default, to which Y agreed. X got a better deal from Z [a multimillionaire], who wanted to set up an industry on 4 acres of land of X for the same amount Y was paying for the whole of land. X did not reveal the same to Y and sold 4 acres to Z. Y demanded for specific performance of the contract between X and Y.a)The same can be done as the court in case of immovable property may presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation.b)The same can be done as the court can cancel the sale of 4 acres of land as its on the discretion of court to enforce a contract specifically.c)The same cannot be done as the court can fix adequate compensation in this matter which is 75% of money paid by Z as Z paid double the amount Y had to pay.d)The same cannot be done due to the promise of X to compensate in case of default.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Directions:The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The Specific Relief Act provides for specific reliefs. Specific relief means relief of certain species, i.e. an exact or particular, a named, fixed or determined relief. The term is generally understood as providing relief of a specific kind rather than a general relief or damages or compensation. It is a remedy which aims at the exact fulfilment of an obligation or specific performance of the contract, i.e if some body unlawfully dispossesses someone of his property, the general relief may be requiring the defendant to pay the other party compensation equivalent to the loss suffered by him due to dispossession. Specific relief may enable to have the possession of the same property over again by requiring the defendant to restore possession of the property. Specific performance is generally granted when there exists no standard for ascertaining actual damage, say, there is sale of picture by the dead painter, or where compensation in money will not provide adequate relief to the plaintiff. S. 10 of the Act provides the conditions where the specific performance of contract is enforceable. According to it, the specific performance of any contract may, in the discretion of the court, be enforced when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done or when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. But in the exercise of this discretion, the court is governed by certain principles. The explanation to the section states that the court in case of immovable property shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and that the breach of a contract to transfer movable property can be so relieved except in the cases where the property is not an ordinary article of commerce, or is of special value or interest to the person, or consists of goods which are not easily obtainable in the market; or where the property is held by the defendant as the agent or trustee of the plaintiff. It would be burden of defendants to demonstrate that the breach can be adequately compensated. Section 11(2) of the Specific Relief Act, 1963 provides that a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. Also, the contract to be specifically enforced must be mutual. The doctrine of mutuality means that the contract must be mutually enforceable by each party against the other. It does not, however, mean that for every right there must be corresponding clause. A contract may contain series of clauses and covenants which form the total bargain between the parties, and each of them is the consideration for the other. It means each party to the contract must have the freedom to enforce his right under the contract against each other.Q.X contracted to sell his 10 acres land to Y and also promised to pay Y $50,000 in default, to which Y agreed. X got a better deal from Z [a multimillionaire], who wanted to set up an industry on 4 acres of land of X for the same amount Y was paying for the whole of land. X did not reveal the same to Y and sold 4 acres to Z. Y demanded for specific performance of the contract between X and Y.a)The same can be done as the court in case of immovable property may presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation.b)The same can be done as the court can cancel the sale of 4 acres of land as its on the discretion of court to enforce a contract specifically.c)The same cannot be done as the court can fix adequate compensation in this matter which is 75% of money paid by Z as Z paid double the amount Y had to pay.d)The same cannot be done due to the promise of X to compensate in case of default.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Directions:The question is based on the reasoning and arguments or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.The Specific Relief Act provides for specific reliefs. Specific relief means relief of certain species, i.e. an exact or particular, a named, fixed or determined relief. The term is generally understood as providing relief of a specific kind rather than a general relief or damages or compensation. It is a remedy which aims at the exact fulfilment of an obligation or specific performance of the contract, i.e if some body unlawfully dispossesses someone of his property, the general relief may be requiring the defendant to pay the other party compensation equivalent to the loss suffered by him due to dispossession. Specific relief may enable to have the possession of the same property over again by requiring the defendant to restore possession of the property. Specific performance is generally granted when there exists no standard for ascertaining actual damage, say, there is sale of picture by the dead painter, or where compensation in money will not provide adequate relief to the plaintiff. S. 10 of the Act provides the conditions where the specific performance of contract is enforceable. According to it, the specific performance of any contract may, in the discretion of the court, be enforced when there exists no standard for ascertaining the actual damage caused by the non-performance of the act agreed to be done or when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. But in the exercise of this discretion, the court is governed by certain principles. The explanation to the section states that the court in case of immovable property shall presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money; and that the breach of a contract to transfer movable property can be so relieved except in the cases where the property is not an ordinary article of commerce, or is of special value or interest to the person, or consists of goods which are not easily obtainable in the market; or where the property is held by the defendant as the agent or trustee of the plaintiff. It would be burden of defendants to demonstrate that the breach can be adequately compensated. Section 11(2) of the Specific Relief Act, 1963 provides that a contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced. Also, the contract to be specifically enforced must be mutual. The doctrine of mutuality means that the contract must be mutually enforceable by each party against the other. It does not, however, mean that for every right there must be corresponding clause. A contract may contain series of clauses and covenants which form the total bargain between the parties, and each of them is the consideration for the other. It means each party to the contract must have the freedom to enforce his right under the contract against each other.Q.X contracted to sell his 10 acres land to Y and also promised to pay Y $50,000 in default, to which Y agreed. X got a better deal from Z [a multimillionaire], who wanted to set up an industry on 4 acres of land of X for the same amount Y was paying for the whole of land. X did not reveal the same to Y and sold 4 acres to Z. Y demanded for specific performance of the contract between X and Y.a)The same can be done as the court in case of immovable property may presume that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation.b)The same can be done as the court can cancel the sale of 4 acres of land as its on the discretion of court to enforce a contract specifically.c)The same cannot be done as the court can fix adequate compensation in this matter which is 75% of money paid by Z as Z paid double the amount Y had to pay.d)The same cannot be done due to the promise of X to compensate in case of default.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.