SP: Sale of Land Contracts

Question 1

Semelhago?

Answer 1

Now, specific performance is not granted automatically, and it should not be granted as a matter of course absent evidence that the property is unique to the extent that its substitute would not be readily available Semelhago.

Question 2

Considerations for granting SP in Sale of Land Contracts:

Answer 2

1) Damages are inadequate (as per Harle, this step encompasses uniqueness)
o There is a subjective element of determining whether or not damages is adequate  we’re asking what is the function of the property, what is the nature of the property specifically in relation to the interests, and the uses of the plaintiff itself: Raymond
o Onus is on plaintiff to put forward evidence that the property is especially suited to their use which they want & that damages are inadequate and can’t cover the loss the plaintiff suffers if they don’t get this property: Harle
2. the property is unique to the extent that a comparable substitute would not be readily available; and
o Uniqueness: uniqueness does not overcome adequate damages being the standard – rather, aspects of uniqueness can help support that damages are inadequate: Uniqueness is less likely to be made out for commercial land transactions since any loss in profit can be ascertained in damages, unless there is a specific use/need with a plan commercially Harle.