Rescission Of Contracts in SRA : Practice MCQ Questions & Answers with Explanations

3 practice sets · Page 1 of 1

SraEasyRescission Of Contracts

In which of the following cases can the rescission of a contract be adjudged by the court?

where the contract is voidable or terminable by the plaintiff;

where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff;

both 1) and 2)

neither 1) nor 2)

None of the above

View Answer

Correct Answer: C — both 1) and 2)

Explanation:

Section 27 of the Specific Relief Act, 1963, provides for When rescission may be adjudged or refused.

SraMediumRescission Of Contracts

When to prevent breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, court may under Section 39 of Specific Relief Act, 1963 grant:-

Mandatory Injunction

Perpetual Injunction

Prohibitory Injunction

Specific Performance Decree

None of the above

View Answer

Correct Answer: A — Mandatory Injunction

Explanation:

Section 39 of the Specific Relief Act, 1963, empowers the court to grant a mandatory injunction to prevent the breach of an obligation. A mandatory injunction is a court order that compels a party to perform certain acts or obligations.

SraEasyRescission Of Contracts

To prevent a continuing breach in which the plaintiff has acquiesced, a court:

can grant perpetual injunction

can grant mandatory injunction

can grant prohibitory injunction

cannot grant injunction

None of the above

View Answer

Correct Answer: D — cannot grant injunction

Explanation:

Section 41 under chapter 8 (Perpertual Injunction) of Specific Relief Act 1963 deals with injunction when refused.