All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

The correct option is A: A contract the performance of which involves the performance of a continuous duty which the court cannot supervise.

According to Section 14(b) of the Specific Relief Act, 1963, such a contract cannot be specifically enforced. This is because specific performance is a discretionary remedy, and the court will only grant it if it is feasible and practical to do so. If the contract requires a continuous duty that the court cannot monitor or control, then specific performance would be impractical and burdensome for both the parties and the court.

For example, a contract to render personal services, such as teaching, singing, or painting, cannot be specifically enforced, because it depends on the personal skill and volition of the performer, and the court cannot compel him or her to perform constantly and satisfactorily. Similarly, a contract to maintain a certain standard of quality or conduct in a business or profession cannot be specifically enforced, because it would require constant supervision and interference by the court.

Option B is incorrect because if the contract involves a continuous duty that the court can supervise, then specific performance may be granted if it is just and equitable to do so. For example, a contract to pay rent or interest periodically can be specifically enforced, because it is easy for the court to oversee and enforce such payments.

Option C is incorrect because it is not a contract at all, but a tort. A tort is a civil wrong that causes harm or injury to another person or their property, and gives rise to a legal liability for damages. Specific performance is not applicable to torts, because it is a remedy for breach of contract. The remedy for torts is usually damages or injunctions.

Option D is incorrect because it is a situation where specific performance may be ordered. According to Section 10 of the Specific Relief Act, 1963, specific performance may be enforced when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. This means that if the subject matter of the contract is unique or irreplaceable, such as land, rare goods, or specific performance rights, then damages would not be sufficient to compensate the aggrieved party, and specific performance would be the appropriate remedy.