The authors explore cases where the remedy of specific performance may be available, as well as certain requirements that must be satisfied in order to obtain an order of specific performance. They ...
The undisputed facts in Oliver appear straightforward enough for a case that sparked a somewhat extended discussion. The sellers breached a residential sales contract, for two tracts of land, ...
Decorators Choice Paint Store Ltd. (Decorators) was a tenant of Innes Crossing Inc. (Innes) in Ottawa's east end since 1993, leasing a retail store of 3,600 square feet. In 2018, when Decorators began ...
Most M&A agreements include specific performance provisions that allow either party, under certain circumstances, to seek to have a court force the other party to comply with its contractual ...
The Supreme Court held that a subsequent affidavit ratifying acts of a power-of-attorney holder revived the agreement and reset limitation. Once ratification was admitted, refusal to execute sale ...
Specific performance was refused as readiness and willingness were not established on the due date. Applying equity after prolonged delay, the Court substituted enforcement with a ₹3 crore ...