In two recent cases, the Ontario Superior Court of Justice (Court) endorsed a shift away from the view of specific performance as an “extraordinary” remedy in the context of commercial real estate ...
Although specific performance is an important remedy in real estate transactions, it is a remedy disfavored by the courts. In their Transactional Real Estate column Peter E. Fisch and Salvatore ...
Decision underscores the practical realities required for a court to enforce a specific performance clause, and the importance of having “clean hands” for parties to be eligible for this specific ...
This article discusses the fact-driven question of whether and when specific performance is an appropriate remedy for mutually hostile parties. In the long run, "the more complex and lengthy the ...
When negotiating the remedy for a buyer’s failure to close an acquisition, the parties typically agree to a specific performance remedy and sometimes also agree to a reverse break-up fee. In drafting ...
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 ...
The strict conditions set out by the courts for landlords to be able to rely on the ?equitable remedy shouldn't discourage potential applicants, says Emma Hatfield The equitable remedy of specific ...
Some results have been hidden because they may be inaccessible to you
Show inaccessible results
Feedback