Consider the following statements: (1) In case of breach of contract generally damages are awarded. (2) In case of breach of contract, remedy of specific performance of contract is always given. (3) In case of breach of contract, fine is also imposed along with the award of damages. (4) In exceptional cases where damages are not adequate compensation, remedy of specific performance can be given. Which of the statements given above are correct?

Consider the following statements with regard to the consequences of breach of contract.
1. In case of breach of contract, the party who suffers is entitled to receive compensation for any loss or damage caused to him thereby, which the parties knew, when they made the contract, to be likely to result from the breach of it.
2. Such compensation is to be given for any remote and indirect loss or damage sustained by reason of the breach.
Which of the statements given above is/are correct?

A

1 only

B

2 only

C

Both 1 and 2

D

Neither 1 nor 2

Which of the following statements are correct?
1. In tort, the duties are imposed by law whereas in contract, duties are undertaken by the parties themselves.
2. In tort, the duty is towards the world at large but in contract, the duty is towards specific individual or individuals.
3. In tort, damages are liquidated but in contract, the damages are unliquidated.
4. In tort, a person may be liable for the wrongs committed by others also but in contract, the liability governs the parties to the contract only.
Select the correct answer using the given below:

A

1, 2 and 4

B

1, 2 and 3

C

2 and 4

D

1 and 4

Consider the following statements:
1. Tortious liability arise from breach of a duty primarily fixed by the law.
2. This duty is towards persons generally.
3. Breach of this duty is repressive by an action for unliquidated damages.
4. The quantum of damages is determined by the court.
Which of the above statements are correct?

A

1, 2 and 3

B

1, 2, 3 and 4

C

2, 3 and 4

D

1, 3 and 4

Consider the following statements:
1. Emergency is always imposed throughout the nation.
2. Emergency can be imposed not only on the grounds of actual war, external aggression or armed rebellion, but also in anticipation thereof.
3. Every proclamation of Emergency will not remain in force after one month unless it is approved by both the House of Parliament
Which of the statements given above is/are correct?

A

2 and 3

B

1 and 2

C

3 only

D

1, 2 and 3

Consider the following statements:
Where the tender of performance is rejected by the other party,
1. the promisor has to still perform the contract but can claim damages.
2. the promisor is excused from further performance and is entitled to sue the promisee for breach of contract.
Which of the statements given above is/are correct?

A

1 only

B

2 only

C

Both 1 and 2

D

Neither 1 nor 2

In a suit for specific performance of a contract, the plaintiff has not claimed compensation for breach in substitution of such performance. The court concludes that though the defendant is in breach but the discretion implicit in the grant of relief of specific performance be not exercised in favour of the plaintiff. The court in such a situation,

A

In the absence of the claim in the plaint for compensation cannot award such compensation to the plaintiff

B

Notwithstanding the plaintiff having not claimed compensation is empowered to award such compensation to the plaintiff as may be deemed appropriate.

C

Notwithstanding the plaintiff having not claimed compensation, is empowered to award compensation to the plaintiff if the plaintiff has led any evidence qua compensation.

D

Notwithstanding the plaintiff having not claimed compensation and having not led evidence, is required to give an opportunity to the plaintiff to lead evidence qua compensation.

A sues B for the specific performance of contract. In the plaint, A seeks the relief of specific performance. He does not seek any relief in the alternative. The Court determines that it cannot order the specific performance of the contract. Can the court award compensation instead?

A

Yes, as Specific Relief Act directs that compensation must be awarded

B

Compensation can be awarded since Order VII, Rule 7 of the Code of Civil Procedure provides that any other relief can be awarded and the same does not have to be specifically pleaded

C

Compensation can be awarded only after the Court allows the plaint to be amended for including a claim of compensation

D

No, damages cannot be awarded since the relief of specific performance and of compensation are inconsistent pleadings, and therefore no amendment can be brought to this effect

"When contract is broken then can an aggrieved party sue only for losses or damages which naturally arose out of the breach as also for other losses or damages which are result of breach of contract". In view of this statement, which of the following is correct?

A

All types of losses or damages can be claimed

B

All types of losses or damages can be claimed only if the contract is registered under the Registration Act

C

Only those damages can be claimed which naturally arose from the breach, unless notice of losses or damages not directly arising out of the breach was known to the person guilty of breach of contract

D

Normal damages which arise directly from the breach, and special damages which are not in contemplation of the party when the contract was made, both can be claimed, provided when there is a breach of contract, a public notice is given by the aggrieved party of the special loss suffered

"At times proceedings are adjourned sine die on account of stay. Even after stay is vacated, intimation is not received and proceedings are not taken up. In an attempt to remedy this, situation, we consider it appropriate to direct that in all pending cases where stay against proceedings of a civil or criminal trial is operating, the same will come to an end on expiry of six months from today unless in an exceptional case by a speaking order such stay is extended". This observation was made by the Supreme Court recently in which one of the following cases:

A

Asian Resurfacing of Road Agency Pvt. Ltd, v. Central Bureau of Investigation 2018 (5) SCALE 269

B

Board of Control for Cricket in India v. Kochi Cricket Pvt. Ltd. 2018 (d) SCALE 502

C

State of Karnaiaka by its Chief Secretary v. State of Tamil Nadu by its Chief Secretary & Ors. (2018) 4 SCC 1

D

Chand Devi Daga & Ors. v. Manju K. Humatani & Ors. (2018) 1 SCC 71

Consider the following objectives of the law relating to damages:
1. Enrich the party who has sustained loss by breach of contract.
2. Punish the party who has committed the breach of contract.
3. Put the party, who sustained the loss, in the same position as if the contract has been performed.
Which of the statements given below is/are correct?

A

1, 2 and 3

B

2 and 3

C

3 only

D

1 and 2