Many times, remedies for the breach of a contract other than monetary damages are necessary to make a plaintiff whole. One such remedy is specific performance [a topic previously addressed by this ...

In two recent cases, the Ontario Superior Court of Justice (Court) endorsed a shift away from the view of specific performance as an “extraordinary” remedy in the context of commercial real estate ...

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, ...

A recent Colorado Court of Appeals decision arising out of a business investment contract gone awry contains a lengthy (100-plus page) discussion about “specific performance.” This is a remedy that ...

Interestingly, the deputy judge in Rainbow examined each of the various objections traditionally raised against the award of specific performance of a covenant to repair in favour of a landlord. Want ...

The changes made in the Sale of Immovable Property (Specific Performance) law serve to the maximum extent the buyer of a property who files his sale contract at the Land Registry. Despite the ...

Although most are familiar with the well-established axiom that real estate is a unique asset, it does not necessarily follow that specific performance is generally available for breach of an ...