Austen-Baker, R. (1999) Difficulties with Damages as a Ground for Specific Performance. King's College Law Journal, 10. pp. 1-11.Full text not available from this repository.
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.
|Journal or Publication Title:||King's College Law Journal|
|Uncontrolled Keywords:||Contracts ; contract law ; remedies ; equitable remedies ; specific performance ; damages ; inadequacy of damages|
|Subjects:||K Law > KD England and Wales|
|Departments:||Faculty of Arts & Social Sciences > Law School|
|Deposited By:||Mr Michael Dunne|
|Deposited On:||08 Dec 2009 11:48|
|Last Modified:||28 Feb 2013 12:43|
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