Question

Under the Specific Relief Act, can a contract be specifically enforced if it involves personal service?

• A. Yes, always
• B. No, never
• C. Yes, with court permission
• D. Only in exceptional cases

Hint:

Personal Service Contracts → Not specifically enforceable (Section 14, Specific Relief Act).

Answer 1

The Correct Option is B

Concept: Specific performance is an equitable remedy under the Specific Relief Act, 1963, where the court orders a party to perform their contractual obligations. However, certain types of contracts are not specifically enforceable.
Step 1: Understanding contracts of personal service.
Contracts involving personal skill, talent, or confidence (such as employment contracts) are termed contracts of personal service.
Step 2: Legal position under the Act.
Under Section 14 of the Specific Relief Act, contracts that involve personal qualifications, skill, or volition of a party cannot be specifically enforced.
Step 3: Reason for non-enforceability.

• Courts cannot supervise personal performance
• It would amount to forced labour
• It may violate personal liberty

Step 4: Exceptions (clarificatory).
Although personal service contracts are not specifically enforceable, courts may grant:

• Compensation for breach
• Declaration in certain employment matters (e.g., public servants under statutory protection)

Step 5: Conclusion.
Thus, contracts involving personal service cannot be specifically enforced under the Specific Relief Act.