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Difficulties with Damages as a Ground for Specific Performance

Austen-Baker, R. (1999) Difficulties with Damages as a Ground for Specific Performance. King's College Law Journal, 10. pp. 1-11. ISSN 1757-8442

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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.

Item Type: Journal Article
Journal or Publication Title: King's College Law Journal
Uncontrolled Keywords: Contracts ; contract law ; remedies ; equitable remedies ; specific performance ; damages ; inadequacy of damages
Subjects: ?? kd ??
Departments: Faculty of Arts & Social Sciences > Law School
ID Code: 30839
Deposited By: Mr Michael Dunne
Deposited On: 08 Dec 2009 11:48
Refereed?: Yes
Published?: Published
Last Modified: 18 Apr 2018 00:02
Identification Number:

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