Section 78

Section 78 of the Indian Contract Act deals with the obligation to buy and the seller's right to specific performance. The section states: "Where the buyer has failed to pay the price, or any part of the price, of goods which the seller has delivered, the seller is entitled to recover the price, or part of the price, so unpaid, with interest, or to obtain specific performance of the contract, unless the buyer can show that the failure to pay was due to circumstances beyond his control." The section aims to provide a remedy to the seller where the buyer has failed to pay the price. The Supreme Court has held that the seller's right to specific performance is subject to the buyer's ability to pay the price.