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Specific Performance - Coggle Diagram
Specific Performance
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defences
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other defences
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Want of Mutuality
Flight v Bollard minor refused specific performance, as would not have been granted against minor
Undue Hardship
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
Misrepresentation
Smelter Corp v O'Driscoll elderly lady told house would be compulsorily purchased if didn't sell (not true) - unjust to specifical enforce it
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subject to contract
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
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Jodifern v Fitzgerald the position of subject to contract is relavent - if its obvious or in middle of the text
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personal remedy
Penn v Lord Baltimore dispute over land in US, able to sue in UK