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Chapter 10: Specific performance

Chapter 10: Specific performance

pp. 356-399

Authors

, University of Melbourne, , Edith Cowan University, Western Australia, , Edith Cowan University, Western Australia
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Specific performance typically enforces a contract but also can be invoked to enforce a ‘promise’ enforceable under principles of estoppel. Equitable remedies like specific performance are discretionary. The inadequacy of damages is a particularly significant consideration in determining if specific performance should be granted, although there is lack of complete consensus whether the inadequacy of damages is a jurisdictional hurdle or another discretionary factor.

Keywords

  • remedies
  • Australian private law
  • civil remedies
  • inadequacy of damages
  • specific performance
  • bars to relief
  • specific relief
  • personal remedy
  • binding contract

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