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 -