VIKAS GARG (LAWYER) 23 October 2008

Specific relief act -4 and Patent , Copyright

A multiple choice question is given below with answer but I am not sure about answers.

Please comment on it whether it is correct or incorrect and explain, if possible

Please comment on it to help me to understand it and whether it is correct or incorrect and explain, if possible. Provide me authorities also.

Q. The propositions are

I. A contract for sale of patent can be specifically enforced

II. A contract to assign a copyright can be specifically enforceable.

III. An agreement to form partnership is specifically enforceable as general rule:

Answers option:

(a) III is correct and I & II are incorrect

(b) III & II are correct and I is correct

(c) III & I are correct and II is incorrect

(d) I & II are correct and III is incorrect

Answer given in book is

(d) I & II are correct and III is incorrect

Please guide to me regarding this question

Thanks

Reply Follow

2 Replies

Manish Singh (Advocate) 24 October 2008

dear mr. garg,

options a and b are true as stated since the specific relief act speaks about enforcing those contracts which are practically possible and where the contract can not be specifically enforced , the courts take a recourse of damages. this is all about enforcement of contract under the Specific Relief Act.

so here you see you cant force any person to do business with you under head C. thats y damages or compensation is the appropiate remedy in such cases.