specific performance cases

Specific performance is an equitable remedy available at the discretion of the judge. If a plaintiff in a specific performance case has acted in bad faith or unfairly, they will not receive relief, regardless of the actions of the defendant. One of the traditional areas where this type of remedy is available is in real estate transactions. Specific performance is a remedy that orders the breaching party to comply with the terms of the contract. The relief must be specifically claimed. Specific performance requires the breaching party to the contract to actually perform according to the contract terms. contract. Damages would have been purely nominal as the promisee or his estate had suffered no loss. As already stated that it’s a discretionary right but at the same time court always presume that the breach of contract of immovable property … Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. On occasion, plaintiffs in a specific performance case must agree to 'do equity'. VAT Registration No: 842417633. The court refused specific performance to a buyer of a set of Hepplewhite chairs saying that they were ‘ordinary articles of commerce and of no special value or interest’. It is a special remedy that is awarded by the court when no other remedy (such as damages) … Where damages are sufficient: A court will only make an order for specific performance in circumstances where an award of damages would be insufficient. The court can issue an order compelling a party to comply with their contractual obligations – a good example being to complete building works on time. PB was in poor health and agreed with the defendant, his nephew, that he would transfer the trade and good will of his coal business to him on the basis that the nephew employed him as a consultant for the rest of his life and paid him for this. The defendants leased a shopping unit for 35 years and covenanted to use it as a supermarket and keep it open during the usual hours of business. They fell out with the manager and wanted to replace him. Such orders are discretionary, as with all equitable remedies, so the availability of this remedy will depend on whether it is appropriate in the circumstances of the case. An injunction is a remedy that prohibits a party from a particular act. Required fields are marked *, Business law Commercial Law Introduction to law Revision, Cases when specific performance is granted and where its not granted. One of the remedies available on breach of contract is action of specific performance. Briefly explain the nature and purpose of a letter of engagement and under what circumstances would it be appropriate for an external auditor to issue a new letter of engagement? An equitable remedy available for breach of contract. Any violation of standards of fairness can derail a specific performance case. Specific Relief Act 1950 does provide the cases which specific performance may be granted. Because of the principle of equity, courts generally prefer to award damages rather than enforce contractual provisos. Where the court cannot supervise the actual execution of the contract i.e. Under current law, courts grant specific performance when they perceive that damages … purchase or sale on an organized market, but the latter case is discussed in subsection 2.4. Specific performance was refused as the plaintiff had produced a draft lease and induced the defendant to sign the agreement in ignorance of the value of the property. Do you have a 2:1 degree or higher? 3. The party on whom this contractual obligation rests must not fails to discharge such obligation. When the plaintiff claims specific performance of a particular agreement, the suit could be decreed for specific performance of only that agreement, and not any other. Specific performance is almost never available for contracts of personal service, although … If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been … It is considered an equitable remedy and is used when traditional monetary damages do not suffice to resolve a legal dispute. Specific Performance asks the court to force the opposing party into a contract that binds them to actually perform the contract at issue, rather than award damages for breach of contract. Specific performance can refer to any kind of forced action, though it is usually enforced so as to complete a transaction that had been previously agreed to. University. 18th Nov 2019 Typically, specific performance will be awarded when damages are not an adequate remedy, as in cases where the subject matter of the contract is unique or where damages cannot be measured with reasonable certainty. Specific performance is one of the options available when monetary compensation is not sufficient to put the plaintiff in the same position as he or she would have been if the breach did not occur. The purchaser obtained specific performance, against which the vendor appealed on grounds of hardship. This is called ‘Specific Performance’. Cases when specific performance is not granted. Specific performance is an equitable remedy that may be awarded, at the trial court’s discretion, for a breach of contract, Stafford v. S. Vanity Magazine, Inc., 231 S.W.3d 530, 535 (Tex.App.-Dallas 2007, pet. '4 The natural question, then, is why specific performance is not routinely available. Specific Performance: Overview. 1 Specific performance was ordered of a contract to supply machinery which could not be readily obtained elsewhere. There has been a significant increase in the number of specific performance cases before the Courts. Specific performance is a primary remedy for breach of contract available for the aggrieved party. Specific performance cases are legal cases in which a party is required to fulfill his or her contractual obligations to resolve a breach of contract. The plaintiff induced the defendant to agree to take a lease of cellars by orally promising they would be made dry. Orders of specific performance are granted when damages are not an adequate remedy, and in some specific cases such as land sale. Even in these cases specific performance is not always granted, as it is a discretionary remedy. You can get a referral to an attorney by contacting your state’s bar association and asking for a referral. Specific performance is a remedy for breach of contract which is most often used in transactions involving land and construction work. denied) , and is an alternative remedy to damages, Levetz v. Sky Petroleum Ltd v V.I.P. "Specific performance implies an order compelling a party to perform some act or do some thing that is required under the contract." The court refused specific performance to a buyer of a set of Hepplewhite chairs saying that they were ‘ordinary articles of commerce and of no special value or interest’. Specific performance is ordered only on equitable grounds in view of all the conditions surrounding the particular case. In the case of EC Investment, specific performance was not granted to order the seller to sell the property to the buyer at the agreed contract price. In cases like this one, specific performance may be a more appropriate remedy for certain buyers than pursing a claim to recover financial damages. Remedies in Private Law (LAW138) Uploaded by. Specific performance. 2d Specific Performance § 133 (2014) (hereinafter Specific Performance). Still, there are nuances in how specific performance must be asked for and proven, as well as when it will be legally awarded, which depends on specific state statutes and case law. In many cases, specific performance is regulated by the Uniform Commercial Code, which is a set of laws adopted by the states which govern all commercial transactions. Rectification and Specific Performance are what is called equitable remedies. Specific performance as remedy for breach [22] Christie’s Law of Contract in South Africa 7 ed at 616 states: ‘ The remedies available for a breach or, in some cases, a threatened breach of contract are five in number. Specific performance is a very complex area of law, and there are many circumstances which prevent the court from making such an order, including: Where damages are sufficient: A court will only make an order for specific performance in circumstances where an award of damages would be insufficient. The plaintiff sought an injunction. This is mainly due to the fact that 'specific performance' may be understood and dealt differently in common law and civil law jurisdictions, and which can give rise to difficulties in enforcement. The determining factor is whether, in equity and good conscience, the court should specifically enforce the contract because the legal remedy of monetary damages would inadequately compensate the plaintiff for the loss. It was held that the court could in a proper case refuse specific performance on the grounds of hardship subsequent to the contract, even if not caused by the plaintiff and not related to the subject matter. 2. Because the Giants attempted to deceive the league and the public, they violated these standards and were denied relief. Your email address will not be published. Specific performance is only available where damages alone are not an adequate remedy and where the person with the benefit of the contract cannot carry out the work personally or engage a like-for-like replacement. To explore … For example, if A agrees to sell certain shares to B of a specific company which are limited in number and after the payment made by B, if A refuses to sell the shares then B is entitled to recovery of those shares. In considering whether to grant specific performance the courts look to whether damages would be an adequate remedy, the type of contract and whether equity requires such an order. 71 Am. On the facts, there would be hardship amounting to injustice, therefore damages were awarded. The court held that it could be specifically enforced by the Uncle’s personal representative (the Aunty) against the nephew. Facts. Free resources to assist you with your legal studies! Specific performance is a unique remedy that may be available in some cases. Clearly outline the statutory responsibilities of an external auditor in relation to the audit of a company‘s financial statements, It is often argued that: ―The external auditor adds credibility to the financial statements produced by a business entity.Briefly comment on this statement, Outline and explain four ways in which the objectives of an audit of financial statements have changed over the years, List and briefly explain four objectives of an audit of financial statements, Briefly explain, giving an example in each case, five functions of an audit software interrogation programme. Specific Performance as Remedy | Stimmel Law ... Introduction: Awarding Damages. The vendor’s title to land was subject to an encumbrance which amounted to a breach of contract. Specific Performance Cases. The court granted an application for specific performance of a lessor’s covenant to employ a resident porter for certain duties. The weakness in Elder’s argument becomes more apparent when we turn to the case law. The reason being to refrain from the possibility of repeated applications to the court in order to secure compliance with the contract. Specific performance is used by the courts instead of compensatory damages when no other remedy will adequately compensate the other party. It would require ‘that constant superintendence by the court which the court has always in such cases declined to give’. Co-Op Insurance v Argyll Stores [1997] 3 All ER 297. In the High Court, it may be granted in addition to or instead of damages. Specific performance means enforcement of exact terms of the contract. It was held that an injunction must be refused because to grant it would, in effect, compel The Troggs to continue to employ the plaintiff, and thus would amount to enforcing the performance of a contract for personal services. Such an order was found to be unjust as the sale would be at an undervalue, which would cause undue financial hardship to not only the seller but also to a third-party involved (the second mortgagee of the property). The determining factor is whether, in equity and good conscience, the court should specifically enforce the contract because the legal remedy of monetary damages would inadequately compensate the plaintiff for the loss. Where monetary compensation is an adequate relief. 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