Specific Performance

Question 1

What is Specific Performance and when is it awarded?

Answer 1

equitable remedy, ordering a party to perform obligations, awarded when damages will not be sufficient

Question 2

Adequacy of Damages- case example

Answer 2

Johnson v Agnew 1979- damages are still available as an alternative, when s.p. is not complied with

Question 3

Goods in demand- courts unable to sensibly assess loss

Answer 3

Sky Petroleum Ltd v VIP Petroleum 1974

Question 4

What restrictions apply? Give examples, it won’t be equitable…

Answer 4

Severe Hardship- Peter v Ali 1984
Clean Hands- Bad behavior- Shell UK v Lostock Garages 1976
Personal Services- generally not enforceable De Francesco v Barnum 1890

Question 5

Impracticality

Answer 5

Coop v Argyll Stores 1998- court observation required and
it is not in the public interest for courts to order a business to continue working at a loss, shall there be any alternative