Specific Performance Essay

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Specific performance generally is an equitable remedy granted by the court imposing an obligation on the party who is intended or have committed a breach of contract to perform his duty. It is a proper method of compelling the defendant to perform a positive obligation of his own under the contract entered into between him and the plaintiff.[ Halsbury Law of Schools] With the order for specific performance, the party in breach must perform his obligation. Specific performance can be interpreted in two ways. In Wolverhampton and Wallsall Railway Co v London and North Western Railway Co, Lord Selborne LC interpreted specific performance in the narrow sense by stating that it presupposes an executory as distinct from an executed agreement, …show more content…

Lord Selborne in the case of Wilson v Northampton and Banbury Junction Rly Co[ (1874) 9 Ch App 279.] had outlined the purpose of specific performance. His Lordship stated that specific performance will only be granted when it can by that means do more perfect and complete justice. The purpose of granting specific performance is to ensure that justice can be uphold as perfect as it could be. However, the specific performance will only be granted when there is inadequate and insufficient remedy of damages to any case of breach of …show more content…

The brief facts of the case Penn v Lord Baltimore is that the plaintiff and the defendant had entered into an agreement to set a line as a boundary of their lands abroad.[ [1750] 1 Ves Sen 444.] The agreement also stated that the commissioners should delimit the boundary within an expiry date before the suit was brought. When a suit for specific performance of the agreement was brought before the court, the court held that the agreement could be specifically performed even though the land was outside the jurisdiction of the

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