The doctrine of 'substituted performance' (Section 20 SRA, as amended in 2018) allows the aggrieved party to
AInsist on supervised performance
BRecover damages only
CProcure performance from a third party at the cost of the contract-breaker, after giving written notice — and recover the additional cost from the breaching party
DWalk away from the contract without remedy
Answer & Solution
Correct answer: C. Procure performance from a third party at the cost of the contract-breaker, after giving written notice — and recover the additional cost from the breaching party
Section 20 (post-2018) introduces substituted performance: the aggrieved party may have the contract performed by a third party at the breaching party's cost. The aggrieved party then loses the right to specific performance against the original breacher.
Related questions
The interface between Section 6 SRA (recovery of possession on the basis of possession) anWhich of the following is the BEST illustration of a contract that is 'determinable in nat'Substituted performance' under Section 20 SRA (post-2018) operatesThe 'ready and willing' requirement under Section 16(c) SRA must be pleaded and provedA 'mandatory injunction' under Section 39 SRAThe principle that 'equity treats as done that which ought to have been done' is reflectedUnder Section 53A of the TRANSFER OF PROPERTY Act 1882 (read with SRA principles), the docIn K Narendra v Riviera Apartments (1999), the Supreme Court refused specific performance