What remedies include specific performance?
Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead.
What is the remedy for repudiation?
The LAC noted that in the case of a repudiation, an innocent party has an election to either accept the repudiation, cancelling the contract and later seek damages or may elect to refuse the repudiation, thereby seeking to enforce the contract through an order of specific performance.
Is specific performance a remedy for breach of contract?
Specific performance is a type of remedy for breach of contract in which a court orders the breaching party to perform their end of the bargain. Monetary damages are typically favored over specific performance as a remedy for breach of contract.
How do you enforce specific performance?
In order to enforce a contract, a party must have met his obligations under the contract to show a reason why his performance is excused. The defendant must have breached the agreement. The failure to convey the property will usually constitute a breach of the purchase and sale agreement.
How do you prove repudiation?
Examples of how repudiation can be proven includes by showing that:
- Words that amount to an implied or express refusal to perform;
- Conduct that amount to an implied or express refusal to perform;
- Words showing that the promisors inability to perform the whole contract or fundamental obligation under the contract; and.
What to do with a repudiation of a contract?
In summary, where a party fails to comply with a contractual term which goes to the heart of the contract, the injured party can either: treat the wrongdoer as having repudiated the contract, accept the repudiation, and proceed to claim damages for the breach (both parties being discharged from further performance of the contract); or
What are the remedies available for repudiatory breach?
The court reviewed established case law on the remedies available for repudiatory breach. The leading cases are Johnson v Agnew [1980] AC 367 and Photo Productions v Securicor Transport Ltd [1980] AC 827. In summary, where a party fails to comply with a contractual term which goes to the heart of the contract, the injured party can either:
Can a claimant rescind a repudiatory breach of contract?
At first instance, the court held that although the breach went to the heart of the contract, the claimant was not entitled to rescind.
Can a contract be rescinded for delay in performance?
Provided the contract is specifically enforceable, the injured party can apply for an order for specific performance, plus damages for the delay in performance. Acceptance of a repudiatory breach is often referred to as “rescinding” the contract.
