When the remedy of specific performance is not possible what is the measure of damages in a case involving the sale of land?

Asked by: Prof. Cristobal Moen  |  Last update: September 28, 2022
Score: 4.2/5 (44 votes)

When the remedy of specific performance is not possible, what is the measure of damages in a case involving the sale of land? The market price of the land. The market price of the land would be the measure of the compensatory damages in this case.

What is the remedy of specific performance?

A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm.

Under what circumstances would specific performance be an improper remedy to a breach of contract?

The court will avoid specific performance in the following situations: It is impossible for the breaching party to fulfill the terms of the contract. Strict adherence to the contract would harm the defendant. The contract was created in bad faith, is invalid, or is unenforceable.

What is the measure of damages for breach of contract?

The damages are measured by the difference between the contract price and the market price when the seller provides the goods, or when the buyer learns of the breach.

What remedy is used when no other legal remedy will suffice?

Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. If a legal remedy will put the injured party in the position he or she would have enjoyed had the contract been fully performed, then the court will use that option instead.


32 related questions found

What must an aggrieved buyer prove to obtain the remedy of specific performance in the event of a breach by the seller?

The buyer may sue to obtain specific performance if the goods are unique or if damages are an inadequate remedy.

What are the 3 types of damages?

Types of Damages
  • COMPENSATORY. Compensatory damages are generally the most identifiable and concrete type of damages. ...
  • GENERAL. General damages are sought in conjunction with compensatory damages. ...
  • PUNITIVE. Punitive damages are meant to punish a Defendant for particularly egregious conduct.

What are measures of damages?

Measure of damages is a way to compute damages that are to be awarded to an injured person. In an action on a penal bond, the measure of damages is compensation for the actual loss, not exceeding the established penalty.

What is specific performance in breach of contract?

Specific performance is an equitable relief granted by the Court to enforce contractual obligations between the parties. It is a remedy in performance as opposed to a claim sounding in damages for breach of contract where pecuniary compensation is granted as relief for failure to carry out the terms of the contract.

What are remedies available for breach of contract?

Liquidated Damages: Sometimes the parties to a contract will agree to the amount payable in case of a breach. This is known as liquidated damages. Unliquidated Damages: Here the amount payable due to the breach of contract is assessed by the courts or any appropriate authorities.

What is specific performance of a contract when can a specific performance of a contract Cannot be enforced?

(1) Except as otherwise provided in this Act, specific performance of a contract shall, be enforced when the act agreed to be done is in the performance wholly or partly of a trust. (2) A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced.

What are the 4 types of damages available for breach of contract?

Today, we're looking into four types of damages you may be able to receive in a breach of contract case.
  • Compensatory damages. ...
  • Punitive damages. ...
  • Nominal damages. ...
  • Liquidated damages.

What is the standard measure of compensatory damages when a contract is breached?

The standard measure of compensatory damages is the difference between the value of the breaching party's promised performance under the contract and the value of her or his actual performance. This amount is reduced by any loss that the injured party has avoided.

When can specific performance not be granted?

Specific performance will not granted where compensation is enough relief. Damages may be considered to be an inadequate remedy. If it is difficult to quantify them. Thus, specific performance may be ordered of a contract to execute a mortgage for money advanced.

How do you defend against specific performance?

Laches: If the party seeking specific performance unreasonably delayed in bringing suit then their claim may be defeated by this defense. Undue Hardship or Burden: If the defendant can show that specific performance would create an undue hardship or burden on them then this defense may be successful.

What are the elements for specific performance?

Succinctly, specific performance is available when there exists: 1) a valid and binding contract; 2) definite and certain terms; 3) mutuality of obligation and remedy; 4) freedom from fraud and overreaching; and 5) lack of remedy at law.

What are damages for specific performance?

Specific Performance is mostly sought in case of a breach of contract resulting in damages or losses for one of the parties to the contract. Instead of compensation in lieu of the losses accrued, the aggrieved party may approach the Court in order to enforce a specific part of the contract.

Can the court award compensation in a case where specific performance is impossible?

Section 21 of the Specific Relief Act enables the Court to award compensation in lieu of the specific performance when a contract has become impossible for no fault of the plaintiff. The Hon'ble Supreme Court of India held in the case titled Urmila Devi and ors.

Can you claim specific performance and damages?

Therefore, in order to understand the interest a plaintiff can have in a grant of damages as a surrogate of specific performance one must understand the interest a plaintiff has in specific performance and the reason a court would grant this remedy, which has traditionally not received as detailed a treatment in legal ...

What are the 3 remedies at law?

There are three types of equitable remedies: specific performance, injunction, and restitution.

How does the court calculate damages?

In Birsdsall, the Supreme Court wrote that "the amount awarded shall be precisely commensurate with the injury suffered, neither more nor less." When calculating damages, courts will often look at lost wages/income, related medical bills, the cost of repairs to damaged property, the costs of materials needed to deal ...

What are special damages in law?

In contract law, special damages (also called consequential damages) refer to irregular damages such as physical injuries during a breach of contract, but general damages would refer to the damages expected from the contract being breached. [Last updated in July of 2021 by the Wex Definitions Team]

What are different types of damages?

There are six different types of damages: compensatory, incidental, consequential, nominal, liquidated, and (sometimes) punitive.

What are damages in a case?

Damages refers to the sum of money the law imposes for a breach of some duty or violation of some right. Generally, there are two types of damages: compensatory and punitive.

What three 3 Things Must a court consider in reviewing punitive damages?

To ensure that unconstitutional punishment is not imposed in the form of punitive damages, the Court has set forth three "guideposts" for courts to consider in reviewing punitive damages awards: "(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm ...