Section 23: Liquidation of damages not a bar to specific performance

Questions on this section

3 questions in 8 of our papers cite Section 23. Try these from the free papers:

1. 1. Under Section 23(1) of the Specific Relief Act, 1963, a contract that names a sum to be paid in case of its breach may still be specifically enforced, even though the party in default is willing to pay that sum, if the court is satisfied that the sum was named:

   A.only to secure performance, not to give the defaulter an option to pay money insteadB.as a genuine pre-estimate of the loss that the parties expected to follow from breachC.as the maximum amount payable, and the actual loss suffered is greater than that sumD.by mistake, and that it bears no relation to the loss actually suffered by the breach
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