Specific performance Flashcards
(3 cards)
What are the conditions to be met for the court to grant specific performance
(1) there is a valid, enforceable contract,
(2) damages would not be an adequate remedy,
(3) the obligations sought to be enforced are positive,
(4) the contract is not one for personal services,
(5) the performance of the contractual obligation would not require constant supervision by the court.
Is damage adequate for property transactions
It is settled law that damages are not an adequate remedy where a contract for sale of land has been breached.
In Adderley v Dixon (1824) 1 Sim & St 607, the court stated that specific performance is available where damages are not an adequate remedy, and contracts for land typically fall into that category.
Sudbrook Trading Estates Limited v Eggleton, [1983] 1 AC 444 page 478. This case, and the ones which follow it, establish the principle that specific performance of the contract relating to land is granted as a matter of course without the need to enquire as to whether damages would be an adequate remedy.
What is the source of law
Specific performance is an equitable remedy, not a legal right.
Its availability is discretionary, meaning the court decides whether to grant it based on fairness and established principles.
