Section 12(2) of the Specific Relief Act, 1963 applies where the part which remains unperformed of the…
Section 12(2) addresses a party unable to perform the whole contract where the unperformed part bears only a small proportion to the whole in value and admits of monetary…
Choose your answer
Section 12(2) of the Specific Relief Act, 1963 applies where the part which remains unperformed of the contract is:
Answer and explanation
Correct answer A
Section 12(2) addresses a party unable to perform the whole contract where the unperformed part bears only a small proportion to the whole in value and admits of monetary compensation. The court may order performance of the part that can be performed and award compensation for the deficiency. A considerable unperformed part falls under the different conditions in section 12(3).
Current law: Section 12(2) retains the small-proportion and monetary-compensation requirements. It remains a statutory exception to the general rule against specific performance of only part of a contract.
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