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 authors open the debate of whether specific performance, monetary damages, or a combination of the two is the "best" remedy for a contractual dispute involving real property. Unlike in feudal ...

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 ...

Interestingly, the deputy judge in Rainbow examined each of the various objections traditionally raised against the award of specific performance of a covenant to repair in favour of a landlord. Want ...

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 ...

The changes made in the Sale of Immovable Property (Specific Performance) law serve to the maximum extent the buyer of a property who files his sale contract at the Land Registry. Despite the ...

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 ...

The Supreme Court refused specific performance after holding that the purchaser failed to prove continuous readiness and willingness under Section 16(c) of the Specific Relief Act. It ruled that ...