New Click here to Enroll for SIDBI MSME Expert Classes by Experts

    Register

    Question

    Which of the following is true regarding a contract that

    comprises an affirmative agreement to do an act coupled with a negative agreement not to do an act?
    A The court cannot grant an injunction to perform the negative agreement if it is unable to enforce the affirmative agreement Correct Answer Incorrect Answer
    B The court can grant an injunction to perform the negative agreement only if the plaintiff has fulfilled their obligations under the contract Correct Answer Incorrect Answer
    C The court can compel specific performance of both the affirmative and negative agreements Correct Answer Incorrect Answer
    D The inability to enforce the affirmative agreement invalidates the negative agreement Correct Answer Incorrect Answer
    E The plaintiff's failure to perform the contract has no bearing on the enforceability of the negative agreement Correct Answer Incorrect Answer

    Solution

    Explanation: Specific Relief Act: Section 42 Injunction to perform negative agreement: Notwithstanding anything contained in clause (e) of section 41, where a contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement, express or implied, not to do a certain act, the circumstance that the court is unable to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement: Provided that the plaintiff has not failed to perform the contract so far as it is binding on him.

    Practice Next