Specific Performance
equitable remedy
defences
contract immoral or illegal
personal remedy
Breach of contract not necessary
contract for sale of land
deposits
contracts for service or of service
other defences
requirements of note or memorandum agreement
subject to contract
Doctrine of Part Performance
order by court to carry out his or her contractual obligations
as equitable remedy is discretionary Conlon v Murray
occurs when something left to be completed in contract
Penn v Lord Baltimore dispute over land in US, able to sue in UK
more likely to be granted when it comes to something unique (such as land) as damages less likely to be sufficient
2009 act s51 - no action brought to enforce any contract for lnad unless in writing
Jodifern v FitzGerald plaintiff must establish making of an enforceable concluded agreement
Boyle v Lee a deposit an essential term no agreement on it no agreement
Supermac v Katesan deposit not essential, not fatal if no agreement on it
s51 2009 act - deposit not necessary
won't grant if futile Walters v Northern Coal Mining
part performance
McCarron worked as farm labourer for 16 years, verbal agreement would inherit land - SC granted specific performance despite not in writing
Starling Securities under the counter payments, an attempt to defraud the revenue
courts generally won't want to force you to work for someone (Keane) or to have to constantly supervise
Lumley v Wagner opera singer contract to sign for one opera house, wants to sing for someone else - court granted an injunction preventing her from performing elsewhere
Warner Bros v Nelson actress contract to only work for Warner Bros, injunction to stop her from doing any other acting work (could still do other work outside acting)
ongoing supervision
JC Williamson v Lukey and Mullohound inapplicable if constant supervision required
Irish Lift manufactuers suggests not overly rigid
Resident Porter Porter cases
Ryan v Mutual Tontine contract said porter would be present - impracticable as would require constant court supervision
Posner covenant that required porter to clean common areas - court granted as no cosntant supervision to be done - the duties to be done defined
Commercial cases
Wanze Properties v 5 Star Supermarket supermarket profit making - specific performance granted to keep trading
Dakota Packaging meant to give 12 hour notice, didn't - not granted - damages better
Co-op v Argyle sports - anchor store for shopping centre loss making, wanted to close, shopping centre sought specific performance, not granted - would cause unnecessary hardship damages more appropriate
lack of consideration
equity doesn't assist a volunteer
Want of Mutuality
Undue Hardship
Misrepresentation
Flight v Bollard minor refused specific performance, as would not have been granted against minor
Patel v Ali long delay in completion, vendor developed cancer, had leg amputated, had 2 children, limited english, husband died very reliant on members - would cuase undue hardship to force her to move
Smelter Corp v O'Driscoll elderly lady told house would be compulsorily purchased if didn't sell (not true) - unjust to specifical enforce it
Frustration
Taylor v Caldwell dance hall built down
Titantic Quarter v Rowe subsequently lost job as unable to complete the sale
Delay
Lazards Brother v Fairfield Mayfair if time of essence wouldn't have granted
Supermacs v Katesan only the material terms need to be included to be completed
be in writing and signed by party whom specific performance sought against
Godley v Power include property, parties, price
can be included in letter, would indicate not a contract
Mulhally v Haren if letter says subject to contract, can't be a contract as words would be inconsistent with existence of concluded contract
Boyle v Lee reiterates this
Jodifern v Fitzgerald the position of subject to contract is relavent - if its obvious or in middle of the text
can apply if purely oral agreement
rational
Hope v Lord Cloncurry don't want statute of frauds used to perpetrate a fraud
Mackie v Wild key elements
McCarron v McCarron applicant maintained farm for elderly relative on understanding revert to him, inferred not expressly said - died intestate - sufficient evidence to give effect to the contract
Steadman v Steadman family dispute over maintenance payments, husband in arrears, agreement husband pay arrears and wife transfer her interest in home, husband paying arrears considered part performance
look at actions as a whole and see if plaintiff acts were done in reliance on a contract
if party wholly or partly completes their side of contract in confidence other party will do their side courts will frequently grant specific performance
concluded oral agreement
clear intention to perform contract
encouraged actions / allowed them to continue
inequitable to allow them rely on statute of frauds