Specific Performance

Question 1

Def

Answer 1

Instructs a party they must do something. This is granted for unique items / solution

Question 2

Airport industrial V Heathrow Airport

Answer 2

The judge refused to grant a specific remedy as it would put the company in liquidation

Question 3

Spec per can be granted

Answer 3

When damages are inadequate
When damages would be nominal
(Beswick V Beswick)

Question 4

Spec per can’t be granted

Answer 4

Contract is vague
Consideration is nominal
Unfair hardship (Patel V Ali)
Personal Service
Advantage of mistake ( Walter V Morgan)