Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - Difficulties with Damages as a Ground for Specific Performance
AU - Austen-Baker, R.
PY - 1999
Y1 - 1999
N2 - This article discusses the granting of specific performance and the rule that specific performance will not be awarded where damages are an adequate remedy. It argues that where damages are difficult to calculate this may make damages an inadequate remedy, depending on whether the difficulty is intrinsic to the contract and its circumstances and the circumstances of breach, or extrinsic, where the difficulty is essentially evidential. The article concludes that damages may be found to be inadequate where the quantification difficulty is intrinsic, but not where it is merely extrinsic.
AB - This article discusses the granting of specific performance and the rule that specific performance will not be awarded where damages are an adequate remedy. It argues that where damages are difficult to calculate this may make damages an inadequate remedy, depending on whether the difficulty is intrinsic to the contract and its circumstances and the circumstances of breach, or extrinsic, where the difficulty is essentially evidential. The article concludes that damages may be found to be inadequate where the quantification difficulty is intrinsic, but not where it is merely extrinsic.
KW - Contracts
KW - contract law
KW - remedies
KW - equitable remedies
KW - specific performance
KW - damages
KW - inadequacy of damages
M3 - Journal article
VL - 10
SP - 1
EP - 11
JO - King's College Law Journal
JF - King's College Law Journal
SN - 1757-8442
ER -