Please enable JavaScript.
Coggle requires JavaScript to display documents.
Specific Performance - Coggle Diagram
Specific Performance
-
Why should I care?
• Specific performance (SP): equitable remedy where ct makes an order to compel d to perform her contractual obligations. This necessitates the existence of a contract. Remedy operates in personam i.e. as opposed to in rem (as against a thing) as a thing cannot positively perform an obligation. Normally for sale of land.
• It will not be granted where to do so would cause severe hardship to d, if the contract is unconscionable or any of the other equitable defences are available.
-
-