Q157
A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.
A.
True
AnswerB.
False
C.
It is upto trustee
D.
Both B and C
Answer: Option A
Solution
Answer: Option A
Solution:
In accordance with the principles of equity and trust law, a trustee holds a fiduciary duty to act in the best interests of the beneficiaries and to administer the trust property in accordance with the terms of the trust deed or applicable law. If a trustee enters into a contract that exceeds their powers or breaches their fiduciary duties, it is considered a breach of trust.
Under the Specific Relief Act, which governs the specific performance of contracts, a contract made by a trustee in excess of their powers or in breach of trust cannot be specifically enforced. This means that if a trustee enters into such a contract, the beneficiaries or other affected parties cannot compel the trustee to carry out the contract through specific performance.
Therefore, the statement "A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced" is true (Option A).