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CMA Intermediate · Business Laws and Ethics · Sale of Goods Act, 1930

Under Section 58, in a suit for breach of a contract to deliver specific or ascertained goods, the Court may, on the plaintiff's application, direct specific performance. Which statement is correct?

The Court has discretion to order specific performance for specific or ascertained goods, if it thinks fit, without letting the defendant keep the goods by paying damages. It is not compulsory, and the plaintiff may apply at any time before the decree.

  1. AThe Court must always grant specific performance
  2. BThe Court may do so if it thinks fit, without giving the defendant the option of retaining the goods on paying damagesCorrect
  3. CSpecific performance is available only for unascertained goods
  4. DThe plaintiff's application can be made only after the decree

Explanation

Section 58 gives the Court discretion ("if it thinks fit") to direct specific performance for specific or ascertained goods, without the defendant's option to keep the goods on paying damages. The application may be made at any time before the decree, and the decree may be conditional.

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