What do you mean by suit for specific performance? State any two conditions when court allows this remedy according to provisions of the Sale of…
CA Foundation · Business Laws · PYQS · January 2026
What do you mean by suit for specific performance? State any two conditions when court allows this remedy according to provisions of the Sale of Goods Act, 1930?
Suggested Answer and Working Notes:
(a) Suit for Specific Performance (Section 58 of the Sale of Goods Act,1930): Where the seller commits of breach of the contract of sale, the buyer can appeal to the court for specific performance. The court can order for specific performance only when the goods are ascertained or specific. This remedy is allowed by the Court subject to these conditions: (a) The contract must be for the sale of specific and ascertained goods. (b) The power of the court to order specific performance is subject to provisions of Specific Relief Act of1963. (c) It empowers the Court to order specific performance where damages would not be an adequate remedy. (d) It will be granted as remedy if goods are of special nature or are unique.
Topics: The Sale of Goods Act, 1930
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