Principle: Specific performance of a contract is granted when monetary compensation is inadequate relief, notably in contracts concerning immovable property.
Facts: A agrees to sell a unique ancestral house to B, but later refuses. B sues for specific performance. Can court grant it?
Answer and explanation
Correct answer: A. Yes, law presumes that breach of contract to transfer immovable property cannot be adequately relieved by money
- Step 1: Refer to Section 10 of the Specific Relief Act 1963 as amended in 2018.
- Step 2: Specific performance is now generally mandatory unless barred by Section 14.
- Step 3: The law presumes that the breach of a contract to transfer immovable property cannot be adequately relieved by compensation in money.
Answer
Yes, law presumes that breach of contract to transfer immovable property cannot be adequately relieved by money.
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