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Specific performance is an equitable remedy in the law of contract, in which a court issues an order requiring a party to perform a specific act, such as to complete performance of a contract. [1] It is typically available in the sale of land law , but otherwise is not generally available if damages are an appropriate alternative.
The innocent party cannot sue the party in default for specific performance: only damages. Injunctions (specific performance is a type of injunction) to restrain further breach of a warranty are likely to be refused on the basis that (1) injunctions are a discretionary remedy, and (2) damages are an adequate remedy in the circumstances of the case.
The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
Graham Rahal's company, Graham Rahal Performance LLC, ... Mercedes-Benz only planned to make 275 of that specific vehicle, according to the lawsuit, and IRB paid GRP $1.2 million of a deposit to ...
Under the common law, such suits were barred, but courts have since determined that the promisee can sue for specific performance of the contract, provided that the beneficiary has not already sued the promisor. Furthermore, if the promisee was in debt to a creditor beneficiary, and the failure of the promisor to perform caused the promisee to ...
Tamplin v James (1880) 15 Ch D 215 is an English contract law case concerning the availability of specific performance for a breach of contract induced by mistake.The case established that if a person enters a contract under a mistake that was not induced by the other party to the contract, specific performance may be awarded against the person if no hardship amounting to clear injustice would ...
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A proposed class action accusing Microsoft's LinkedIn of violating the privacy of millions of Premium customers by disclosing their private messages to train generative artificial intelligence ...