In two recent cases, the Ontario Superior Court of Justice (Court) endorsed a shift away from the view of specific performance as an “extraordinary” remedy in the context of commercial real estate ...
Although specific performance is an important remedy in real estate transactions, it is a remedy disfavored by the courts. In their Transactional Real Estate column Peter E. Fisch and Salvatore ...
This article discusses the fact-driven question of whether and when specific performance is an appropriate remedy for mutually hostile parties. In the long run, "the more complex and lengthy the ...
Decision underscores the practical realities required for a court to enforce a specific performance clause, and the importance of having “clean hands” for parties to be eligible for this specific ...
When negotiating the remedy for a buyer’s failure to close an acquisition, the parties typically agree to a specific performance remedy and sometimes also agree to a reverse break-up fee. In drafting ...
A recent Colorado Court of Appeals decision arising out of a business investment contract gone awry contains a lengthy (100-plus page) discussion about “specific performance.” This is a remedy that ...
Specific performance is one of the most powerful and intrusive remedies of equity, as it goes beyond monetary compensation and compels the actual fulfilment of a contractual obligation. Its ...
Aranan Tarih Aralığı: 2026-2-21 / 2026-02-22 Aranan Kelime: a right closely related to the buyer s right to replevy is her right to specific performance where the goods are unique or in other proper ...
A recent Colorado Court of Appeals decision arising out of a business investment contract gone awry contains a lengthy (100-plus page) discussion about “specific performance.” This is a remedy that ...