Specific Performance in UK Law
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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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Raineri v Miles
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Since the statutory fusion of law and equity in 1875 it has been enacted (Supreme Court of Judicature Act 1873, Section 25 (7) now re-enacted in slightly different language in the Law of Property Act 1925, Section 41) that stipulations of a contract, as to time or otherwise, which according to rules of equity are not deemed to be orto have become of the essence of the contract are also to be construed and have effect at law in accordance with the same rules, The third parties rely on Section 41 on the point of construction.
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Hill v C. A. Parsons & Company Ltd
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Johnson v Agnew
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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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Hong Kong Fir Shipping Company Ltd v Kawasaki Kisen Kaisha Ltd
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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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Environment Act 2021
... ... of that authority and the OEP, or(ii) in any other case, with the specific or general consent of the OEP;(b) made for purposes connected with ... conservation covenant, the available remedies are(a) specific performance,(b) injunction,(c) damages, and(d) order for payment of an amount due ... ...
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The Public Contracts Regulations 2015
... ... the following characteristics:—(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
... ... , location data or an online identifier, or(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 ... ...
- When an Order for Specific Performance Fails
- Specific Performance of Foreign Money Obligations?
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Team‐specific Human Capital and Performance
In this paper we explore the effects of team‐specific human capital (TSHC) on performance. We do so by delineating between two dimensions of TSHC, relating to team members and the team manager, and...
- Specific Performance – Exploring the Roots of ‘Settled Practice’
- Damages Awarded In Lieu Of Specific Performance For Breach Of Tenant's Covenants
- Specific Performance Can Be Available Even If The Claimant Is In Breach
- Court Can Act As Bondsman And Require Contractors To Procure Warranties Through Specific Performance
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UK Court of Appeal Says Risk of U.S. Secondary Sanctions is a “Mandatory Provision of Law” Excusing Non-Payment
The Court of Appeal confirmed[1] that a borrower under a Tier 2 facility agreement was excused from making payments because of the risk of U.S. secondary sanctions. The court made it explicitly cle...... ... The court made it explicitly clear that whether or not non-performance may be excused will depend on the specific words of the affected contract ... ...