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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.
Remedies, specific performance Patel v Ali [1984] Ch 283 is an English contract law case, concerning the possibility of claiming specific performance of a promise after breach of contract . Facts
Specific performance requires a party to perform a contract, for example by transferring a piece of land to the claimant. The award of specific performance requires that the two following criteria must be satisfied: [9] (i) Common law damages must be an inadequate remedy. For instance, when damages for a breach of contract found in favour of a ...
Unlike civil law jurisdictions with codified laws of obligations, jurisdictions following Roman Dutch law or Scandinavian law typically lack specific provisions for nominate contracts as their law of obligations is largely determined by judicial precedent and individual statutes, similar to common law jurisdictions. Nevertheless, the principles ...
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 ...
Beswick v Beswick [1967] UKHL 2, [1968] AC 58 was a landmark English contract law case on privity of contract and specific performance.The House of Lords, overruling the decision of Lord Denning in the Court of Appeal, ruled that a person who was not party to a contract had no independent standing to sue to enforce it, even if the contract was clearly intended for their benefit.
Remedies, specific performance Sky Petroleum v VIP Petroleum [1974] 1 WLR 576 is an English contract law case, concerning the possibility of claiming specific performance of a promise after breach of contract .
The law of contracts varies from state to state; there is nationwide federal contract law in certain areas, such as contracts entered into pursuant to Federal Reclamation Law. The law governing transactions involving the sale of goods has become highly standardized nationwide through widespread adoption of the Uniform Commercial Code .