Specific Performance in Property Transactions. - Essay.
Having a clearer understanding of the most effective ways to structure your writing can help you to plan and organise the content of your essays and make sure you get your ideas across. Organising your ideas and thoughts into a plan in advance can help you to develop a coherent argument and allow you to focus attention more fully on the writing process itself when you put your plan into action.
A specific performance example is when a party defaults on its contractual obligation and is ordered by the court to fulfill said obligations. An alternative to the much more common award of monetary damages, specific performance is an injunction on a contract dispute often involving sensitive material or real estate. The actions ordered are usually identical or materially similar to those.
Specific performance is an equitable, discretionary remedy which, if granted, compels a party to perform a contractual obligation. The traditional view was that specific performance would not be ordered if damages could provide an 'adequate' remedy. Over time, it has been questioned whether specific performance will in fact 'do more perfect and complete justice than an award of damage' Tito v.
Under Scottish law specific performance is the appropriate remedy sought for breach of contract, which places Scots law on a parallel with the civil systems of continental Europe and in contrast with the position in England. However, in practice the Scottish version of specific implement is sought infrequently and it has been granted on even scarcer occasions.
Site-specific performance originated as an outgrowth ofsite-specific artwork movement that began in the late 1960’s and early 1970’s.Site-specific artwork was a form of art that was created to exist in a certainspace and was conditioned in form by the environment and space of that place.At the centre of the site-specific artwork movement was an attempt to take artout of what was perceived.
This essay will examine the general characteristics of equitable remedies before examining each remedy in turn to analyse whether they are in fact strict and of limited flexibility as the question suggests. The best way to examine the general characteristics of equitable remedies is to draw comparisons with the common law. Equitable remedies are, of course discretionary, whereas the common law.
Specific performance is an equitable remedy that requests the promised act be performed per the contract. This is not to be confused with any monetary exchange, rather that the contract be fulfilled as agreed upon originally.