Specific Performance in UK Law

Leading Cases
  • Gunton v Richmond-upon-Thames London Borough Council
    • Court of Appeal (Civil Division)
    • 03 Jul 1980

    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.

  • Goldsmith v Sperrings Ltd
    • Court of Appeal (Civil Division)
    • 23 Feb 1977

    On the other hand, if it can be shown that a litigant is pursuing an ulterior purpose unrelated to the subject matter of the litigation and that, but for his ulterior purpose, he would not have commenced proceedings at all, that is an abuse of process.

  • Co-operative Insurance Society Ltd v Argyll Stores (Holdings) Ltd
    • House of Lords
    • 21 May 1997

    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.

  • Socony Mobil Oil Company Inc. v West of England Ship Owners Mutual Insurance Association (London) Ltd (No 2) (Padre Island)
    • House of Lords
    • 14 Jun 1990

    I accept that, at common law, a contract of indemnity gives rise to an action for unliquidated damages, arising from the failure of the indemnifier to prevent the indemnified person from suffering damage, for example, by having to pay a third party. I accept that, at common law, a contract of indemnity gives rise to an action for unliquidated damages, arising from the failure of the indemnifier to prevent the indemnified person from suffering damage, for example, by having to pay a third party.

  • Raineri v Miles
    • Court of Appeal (Civil Division)
    • 06 Jul 1979

    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.

  • President of India v La Pintada Compania Navigacion S.A. (La Pintada)
    • House of Lords
    • 24 May 1984

    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.

  • Balabel v Air India
    • Court of Appeal (Civil Division)
    • 16 Mar 1988

    Where information is passed by the solicitor or client to the other as part of the continuum aimed at keeping both informed so that advice may be sought and given as required, privilege will attach. Moreover, legal advice is not confined to telling the client the law; it must include advice as to what should prudently and sensibly be done in the relevant legal context.

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Legislation
  • Consumer Rights Act 2015
    • England & Wales
    • January 01, 2015
    ...... . . (a) which is specifically drawn to the consumer's attention before the contract is made,. . . (b) ... . . (a) claiming damages;. . . (b) seeking specific performance;. . . (c) seeking an order for specific implement;. . . (d) relying on ......
  • Chancery Amendment Act 1858
    • UK Non-devolved
    • January 01, 1858
    ...... the Commission or Continuance of any wrongful Act, or for the specific Performance of any Covenant, Contract, or Agreement, it shall be lawful ......
  • Data Protection Act 2018
    • UK Non-devolved
    • January 01, 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 ......
  • Sale of Goods Act 1979
    • UK Non-devolved
    • January 01, 1979
    ....... . Where there is a contract for the sale of specific goods, and. the goods without the knowledge of the seller have perished ... . d . ) to raise money on the security of goods. . IV . Performance of the Contract Part IV . Performance of the Contract . S-27 . Duties ......
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Books & Journal Articles
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Law Firm Commentaries
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