The undisputed facts in Oliver appear straightforward enough for a case that sparked a somewhat extended discussion. The sellers breached a residential sales contract, for two tracts of land, ...

The Patna High Court has held that a plaintiff who fails to perform the essential terms of a contract and is unable to ...

The authors explore cases where the remedy of specific performance may be available, as well as certain requirements that must be satisfied in order to obtain an order of specific performance. They ...

Decorators Choice Paint Store Ltd. (Decorators) was a tenant of Innes Crossing Inc. (Innes) in Ottawa's east end since 1993, leasing a retail store of 3,600 square feet. In 2018, when Decorators began ...

If a Buyer breaches an Agreement of Sale and refuses to buy the property, can the Seller seek specific performance as a remedy? A 2019 Superior Court decision concluded yes. The Buyer, Marcia Avery, ...

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 ...