New 55% Off on All Courses - Enroll Now! Click Here

    Question

    The specific performance of a contract may not be

    obtained by:
    A Any party there to Correct Answer Incorrect Answer
    B The representative in interest or the principal of any party there to Correct Answer Incorrect Answer
    C A person who is not party there to Correct Answer Incorrect Answer
    D The new company which arises out of amalgamation Correct Answer Incorrect Answer

    Solution

    Specific Relief Act: Section 15 Who may obtain specific performance:  Except as otherwise provided by this Chapter, the specific performance of a contract may be obtained by-- (a) any party thereto; (b) the representative in interest or the principal, of any party thereto; (c) where the contract is a settlement on marriage, or a compromise of doubtful rights between members of the same family, any person beneficially entitled thereunder; (d) where the contract has been entered into by a tenant for life in due exercise of a power, the remainderman; (e) a reversioner in possession, where the agreement is a covenant entered into with his predecessor in title and the reversioner is entitled to the benefit of such covenant; (f) a reversioner in remainder, where the agreement is such a covenant, and the reversioner is entitled to the benefit thereof and will sustain material injury by reason of its breach; (fa) when a limited liability partnership has entered into a contract and subsequently becomes amalgamated with another limited liability partnership, the new limited liability partnership which arises out of the amalgamation. (g) when a company has entered into a contract and subsequently becomes amalgamated with another company, the new company which arises out of the amalgamation; (h) when the promoters of a company have, before its incorporation, entered into a contract for the purposes of the company, and such contract is warranted by the terms of the incorporation, the company: Provided that the company has accepted the contract and has communicated such acceptance to the other party to the contract.

    Practice Next