SRA

Question 1

sec3a

Answer 1

states that SRA will not impede on the remedies for breach and will be an additional remedy over the damages provided by court

Question 2

sec4

Answer 2

4. Specific relief to be granted only for enforcing individual civil rights and not for enforcing penal
   laws. —

Question 3

sec10 significance?

Answer 3

specific performacne is mandatory and will be a deterrent to companies that think its more cost effective to breach than perform

mutuality is necessary . The doctrine of mutuality states that each party must be able to enforce the contract against
the other

Question 4

Sec11 ? breach of trust

Answer 4

Except as otherwise provided in this Act, specific performance of a contract [shall] be enforced when
the act agreed to be done is in the performance wholly or partly of a trust.
2. A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced

Question 5

sec12

Answer 5

part performance is usually not allowed but can be if: sec12
relief- if promisor has recognised part performance not possible- he will admit compensation for unperformed part- court will order as much performance as possibel
- the suit can be filed byANY party

Essentials of part performance under Section 12(3)

(i) A party to contract fails to perform a part of the contract
(ii) Unperformed part forms a considerable part of the whole contract in value
(iii) The promisor may or may not have admitted compensation for unperformed part
(iv) The suit for specific performance can be filed only by the affected party thus sec12(3) is beneficial to the buyer

Question 6

part performance of small portion of ocntract

Answer 6

Either party
may obtain
specific
performance

If the defaulting
party admits of
compensation in
money court may allow performance so far as possible and award
compensation for the remaining portion.

Question 7

if part performance is large part of contract- and defaulting party admits to money

Answer 7

the court may direct defaulter to perform as much as possible and then - pay agreed consideration.
- relenquich all claims to performing rest of the contract

-relinquish rights to compensation either through defeciency or loss sustained by damage caysed by him through defaulting

Question 8

if part performance is large part of contract- and defaulting party does NOT admit money

Answer 8

• court may direct performance of as much of the contract as possible-
• pay the consideration for the
  whole of the contract without any abatement
• relinquish claim to performance of contract and any rights to compensation

Question 9

sec13

Answer 9

if purchaser/lesee contracts with somebody that has an imperfect title:
1.Where the vendor or lessor has subsequently to the contract acquired any interest in the property, the
purchaser or lessee may compel him to sell or let on hire such interest;

2. Where the concurrence of other persons is necessary for validating the title the purchaser may compel him to procure the concurrence
3. Where the vendor professes to sell unencumbered property The purchaser may compel the vendor to redeem the mortgage and obtain a valid discharge, as well as conveyance .

Where the vendor or lessor sues for specific performance of the contract and the suit is dismissed on the
ground of his want of title or imperfect title, the defendant has a right to return of his deposit, if any,
with interest thereon

Question 10

sec14- substituted performance

Answer 10

if A breaches contract and the B gets substituted performance then A cannot file for SRA bec no releif will be granted

sec14(2) A contract that requires continual fulfilment of a duty that the court cannot supervise cannot be explicitly
enforced

14(3) A contract of service depends on the personal volition of the parties and, therefore, the same cannot be
specifically enforced either by the master or the servant.

Question 11

sec15

Answer 11

parties who can claim specific performance (privity of contract)

exceptions to privity o f contract
- if the contract is related to family settlements/beneficiaries
- representatives in interest
(like administrator of estate in beswick v beswick)
- amalgamating company can sue for SRA
- an asignee (a sells jewellry to b with rights to repurchase, A gives x rights to repurchase- x can now repurchase and enforce contract and also sue in breach)
UNLESS- the contract has a clause saying that interest shall not be assigned or if it is a personaly quality like skill which is a material ingredient

Question 12

reversion v remainder

Answer 12

The difference between a reversion and a remainder, is that in reversion the particular estate will fall into
the possession of the original grantor or his representative after the death of the tenant for life, whereas in
remainder the estate which under the same circumstances will fall into the possession of a person other
than the original grantor

Question 13

RECESSION?

Answer 13

27-30

Question 14

sec27

Answer 14

recsission may be granted or refused

• may be granted if the contract
  1. is voidable or terminable by plaintiff
  2. contract is unlawful for causes not apparent and defendant is more at fault

rescission may not be granted:

• plaint has ratified contract
• position of parties/ circumstances have changed and owing to nature of contract and then parties cannot substationally have position restored.
• where 3rdf party has acquired rights in good faith
• where the part of contract to be rescinded is not severable from the rest of the contract

also right to rescission must be excersised within reasonable time - limitation is now 3 years

Question 15

sec28- rescission for immovable property

Answer 15

The objective of Section 28 is to allow rescission of the contract, after the decree for specific
performance has failed to provide the desired results. However, a separate suit has not to be filed to seek
rescission of contract.

\
sec28 states that purchasor doesnt pay money ordered by court to pay, the vendor may rescind the contract and move forward with - restoration of posession, refund of money , restore any benefits, and giving compensation

Question 16

what is injunction?

Answer 16

According to Halsbury, “An injunction is a judiciary process whereby a party is ordered to refrain from
doing or to do a particular act or thing”. In former case it is called restrictive injunction and in the latter
case it is called mandatory injunction.

Question 17

injunction as per sec38 SRA

Answer 17

perpetual injuction - is permamnet

• granted by decree made at hearing
• plaintiff must prove there is a legal right either expressed or implies in his favour

Question 18

sec39- Mandatory injuction

Answer 18

The goal of a mandatory injunction is to return someone to his previous status rather than to
create a new one. It is a very rare cure that should only be used with extreme caution to prevent
waste and injustice.

In granting a mandatory injunction under the Specific Relief Act two elements have to be taken
into consideration.
 First, the Court has to determine what acts are necessary in order to prevent a breach of
the obligation.
 Secondly, the requisite acts must be such as the Court is capable of enforcing. In a suit
for mandatory injunction it is necessary to prove special injury or substantial damage.

Question 19

E contract - Section 10A of the Information Technology Act, 2000

Answer 19

deals with the validity of contracts formed through electronic means and states that the contract is legal if the contract creation, communication, and revocation of proposal/acceptance are all represented in electronic form or through electronic records.
e signatures are necessary

An e-contract has the same legal impact as a paper-based agreement under the Evidence Act of 1872

Question 20

what documents cannot be executed in electronic form

Answer 20

Negotiable instruments except for cheques;
Trusts;
Power of Attorney;
Will or Testament;
A sale or conveyance deed of immovable property or any interest in such a party.

Question 21

types of e contract : shrink wrap

Answer 21

Shrink-wrap agreements
Typically, shrink wrap contracts are a licencing agreement for software purchases. The Shrink-wrap Agreement protects the product maker by absolving the manufacturer of any infringement of copyright or intellectual property rights as soon as the customer rips the product or the covering for the goods.

Question 22

Web wrap/click wrap contract

Answer 22

A Click-wrap contract refers to a web-based contract that needs approval or assent of the user via the “I Accept,” or “OK” button. With the clickwrap agreements, the user must accept the conditions before using a specific software.

Browse-wrap agreements
A browsing wrap agreement is a contract that is binding on two or more parties through the usage of a website. In the event of a browsing agreement, an ordinary user of a particular website is required to accept the terms and conditions of use as well as other website rules for continued usage.

Question 23

E signatures

Answer 23

tyoes of e signatures

1. digital signatures generated by an asymmetric crypto-system and hash function
2. electronic signatures defined in its second schedule, wherein the user of an Aadhar card is assigned a unique identification number via which they can electronically sign documents via third-party forums (often through generation of a one-time-password)

Question 24

sec5 of IT act

Answer 24

Section 5 of the IT Act defines e-signatures as a broad range of ways for signing a document, whereas a digital signature is a type of e-signature that employs cryptography.