BUSINESS ADMINISTRATION
BUSINESS LAW
Question
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Detailed explanation-1: -Specific performance is what happens in a court of law when the terms of a contract have not been fulfilled and monetary damages are determined to be inappropriate or insufficient. Specific performance is an enforcement of a remedy for a breach of contract between two parties, a claimant, and a defendant.
Detailed explanation-2: -A claim for specific performance under the Specific Relief Act can in my judgment co-exist with a claim for damages under the Indian Contract Act claim under one Act cannot preclude claim on the other so long as the requirements of the respective Statutes are satisfied.
Detailed explanation-3: -Specific Performance Specific performance is a type of remedy for breach of contract in which a court orders the breaching party to perform their end of the bargain. Monetary damages are typically favored over specific performance as a remedy for breach of contract.
Detailed explanation-4: -Section 73 clearly states that the party who has suffered, since the other party has broken promises, can claim compensation for loss or damages caused to them in the normal course of business. Such damages will not be payable if the loss is abnormal in nature, i.e. not in the ordinary course of business.