When Might You Need Specific Performance?
Specific performance is usually ordered to compel in specie performance of a contract where damages would be inadequate.
For instance if someone fails to perform a contract for the sale of land it is possible that the purchaser will seek such an order. Other examples include where the defendant needs to obtain council consents to facilitate the sale of land, cases involving a share transfer or perhaps executing of a finance agreement.
To make out a case for specific performance there are a number of requirements including:-
- the need for a valid contract;
- damages being inadequate;
- etc.
Contact us to find out more about your options if you are facing the threat of someone not performing a contract for the sale of land (or some other similar type of contract).
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