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CA Foundation · Business Laws · The Indian Contract Act, 1872

Nisha agrees to sell a unique antique clock to Omar for Rs 80,000. Nisha refuses to deliver it. Money damages would not adequately compensate Omar. Which remedy is most suitable for Omar?

Omar should sue for specific performance. The clock is unique, so damages cannot adequately compensate him, and a court can order Nisha to actually deliver it. Quantum meruit is a claim for payment for work already done and does not fit here.

  1. ASuit for specific performanceCorrect
  2. BSuit for quantum meruit
  3. CSuit only for nominal damages
  4. DRescission with restitution of nothing

Explanation

Specific performance is granted where damages are not an adequate remedy, as with unique goods like an antique. The court can order Nisha to deliver the clock. Quantum meruit applies to payment for work done when a contract is discharged, not to compelling delivery. Because the clock is unique, money cannot buy a substitute.

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