2023년 1월 31일 화요일

What are the requirements of the equitable remedy of specific performance under English law?

1. The subject matter of the contract must be unique, i.e. it must be something that cannot be replaced with an equivalent item. 2. The court must be satisfied that the claimant has performed, or is willing to perform, their obligations under the contract. 3. The claimant must have suffered, or be likely to suffer, substantial financial loss if the defendant does not perform their obligations. 4. The claimant must have no other adequate remedy. 5. The defendant must have the financial means to perform their obligations under the contract.

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