Specific Performance in UK Law
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Gunton v Richmond-upon-Thames London Borough Council
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If the only real redress is damages, how can its measure or scope be affected according to whether the contract is regarded as still subsisting or as at an end? To preserve the bare contractual relationship is an empty formality. The difference is fundamental, for there is no legal substitute for voluntary performance.
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Raineri v Miles
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At common law a term of a contract stipulating when the contract should be performed was always regarded as an essential term of the contract, but, as Lord Parker pointed out in Stickney v. Keeble, (1915) Appeal Cases, 586 at 415, in contracts for the sale of land equity, having a concurrent jurisdiction, did not look upon the stipulation as to time in precisely the same light.
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Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd
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But the purpose of the law of contract is not to punish wrongdoing but to satisfy the expectations of the party entitled to performance. From a wider perspective, it cannot be in the public interest for the courts to require someone to carry on business at a loss if there is any plausible alternative by which the other party can be given compensation. It is not only a waste of resources but yokes the parties together in a continuing hostile relationship.
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Hill v C. A. Parsons & Company Ltd
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Suppose, however, that the master insists on the employment terminating on the named day? In the ordinary course of things, the relationship of master and servant thereupon comes to an end: for it is inconsistent with the confidential nature of the relationship that it should continue contrary to the will of one of the parties thereto As Lord Kilmuir said in Vine v. National Dock Labour Board (1957) A. C., referring at page 500 to the ordinary master and servant case:
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President of India v La Pintada Compania Navigacion S.A. (La Pintada)
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Chancery courts had further regularly awarded interest, including not only simple interest but also compound interest, when they thought that justice so demanded, that is to say in cases where money had been obtained and retained by fraud, or where it had been withheld or misapplied by a trustee or anyone else in a fiduciary position.
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Attorney-General v Blake (pet. all.)
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The law recognises that damages are not always a sufficient remedy for breach of contract. Even when awarding damages, the law does not adhere slavishly to the concept of compensation for financially measurable loss. When the circumstances require, damages are measured by reference to the benefit obtained by the wrongdoer. Further, in certain circumstances an account of profits is ordered in preference to an award of damages.
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Hong Kong Fir Shipping Company Ltd v Kawasaki Kisen Kaisha Ltd
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This test is applicable whether or not the event occurs as a result of the default of one of the parties to the contract, but the consequences of the event are different in the two cases.
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Chancery Amendment Act 1858
...... the Commission or Continuance of any wrongful Act, or for the specific Performance of any Covenant, Contract, or Agreement, it shall be lawful ......
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The Public Contracts Regulations 2015
...... (a) they are established for the specific purpose of meeting needs in the general interest, not having an industrial ... Technical Assessment” means the documented assessment of the performance of a construction product, in relation to its essential characteristics, ......
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Data Protection Act 2018
...... (b) (b) one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or ... (e) to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of the ......
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Contracts (Rights of Third Parties) Act 1999
......relating to damages, injunctions, specific performance and other. relief shall apply accordingly). (6) Where a ......
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When and Why Are Voters Correct in Their Evaluations of Specific Government Performance?
Democratic theories expect citizens to be able to accurately evaluate fulfilment of parties’ election pledges. We use specifically designed survey items from the Swedish National Election Study to ...
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Subcontracting without consent – when performance gets personal
Restrictions on a contractor's rights to subcontract works are common across industry forms of contract, and breach of these provisions can have significant consequences for a contractor. In a rece......... and Silver Books provide for the restriction of subcontracting above a set value, as well as for restrictions to be set on subcontracting specific parts of the works.1 The 2017 Red and Yellow Books go as far as to restrict any subcontracting (except for subcontracts with suppliers of materials, ......
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Chapter ESM10011A
...... can apply to the courts for an injunction (or an order for specific performance in Scotland), requiring the client to provide the information ......
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Chapter EIM40009
......(which regarded conditionality as the determinant factor over any specific performance period) they will not seek to challenge the Returns on that ......
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Chapter EIM21868
...... a call centre and gives £25 gift vouchers to employees who hit specific performance targets each week. The gift vouchers are provided in ......
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Chapter BIM54010
...... performance, and. specific expenses. Doctors and dentists primarily receive a base ......