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CA Foundation · Business Laws · The Sale of Goods Act, 1930

Anita sold a specific painting to Bharat for Rs 80,000. The contract was fully enforceable. Anita wrongfully refused to deliver the painting after the property had passed to Bharat. Money damages are not an adequate remedy because the painting is unique. What can Bharat seek from the court?

Bharat can ask the court for specific performance, directing Anita to deliver the painting. The Act allows this in contracts for specific or ascertained goods where damages would not be adequate. A unique painting fits that situation. A suit for the price is a seller's remedy and does not apply.

  1. AOnly a refund of the price paid, as damages
  2. BSpecific performance of the contract to deliver the goodsCorrect
  3. CRescission of the sale, with no claim on the painting
  4. DOnly a suit for the price

Explanation

In a contract to deliver specific or ascertained goods, the court may, if it thinks fit, direct specific performance on the plaintiff's application. This is available when damages are not an adequate remedy, as with a unique painting. The suit for price is a seller's remedy, so it does not help Bharat.

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