This authors open the debate of whether specific performance, monetary damages, or a combination of the two is the "best" remedy for a contractual dispute involving real property. Unlike in feudal ...
Although specific performance is an important remedy in real estate transactions, it is a remedy disfavored by the courts. In their Transactional Real Estate column Peter E. Fisch and Salvatore ...
In two recent cases, the Ontario Superior Court of Justice (Court) endorsed a shift away from the view of specific performance as an “extraordinary” remedy in the context of commercial real estate ...
Decision underscores the practical realities required for a court to enforce a specific performance clause, and the importance of having “clean hands” for parties to be eligible for this specific ...
Mark Pawlowski examines the principles determining the grant of specific relief to a landlord against a tenant in breach of a covenant to repair Interestingly, the deputy judge in Rainbow examined ...
A recent Colorado Court of Appeals decision arising out of a business investment contract gone awry contains a lengthy (100-plus page) discussion about “specific performance.” This is a remedy that ...
The changes made in the Sale of Immovable Property (Specific Performance) law serve to the maximum extent the buyer of a property who files his sale contract at the Land Registry. Despite the ...
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