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payment of damages ,Specific performance

Analyze the following case, based on consumer contract law. Use legal reasoning related to genuineness of assent, writing and form, third-party rights,, and remedies for breach of contract.

John and Imelda, an elderly couple, agreed to sell their home and lot to Mary and Bill, a young couple. Prior to closing (where money is paid and title passes), John passed away. Also prior to closing, Imelda decided not to sell the house. She notified the buyers that she no longer wished to sell the house and that she was revoking her acceptance of their offer based on her husband's death. She thereafter made up a new will and named her nephew Charles as executor of the estate and further provided that he would inherit the property on her death. The buyers brought suit against Imelda, requesting specific performance as their equitable remedy.

When a court orders a party to perform a specific act as stated in a contract it is called Specific performance. It is normally used in the form of injunctive relief concerning confidential information or real property. The order is granted when damages are inadequate remedy particularly in cases of land sale. The order is generally granted when the vendor refuses to convey title.

? But such orders are discretionary and depend on whether it is appropriate in the circumstances of the case, (in view of all the conditions surrounding the particular case).

The order will not be granted if it causes severe hardship to the defendant and
The contract is unconscionable.

It is the discretion of the judge whether to grant an equitable relief or not.

The seller is bound to execute the proper conveyance of the property when the agreed amount is paid to him at proper time and place.

As per Transfer of Property Act" transfer of property" as meaning an act by which a LIVING person conveys property , in present or in future to one or more other Living persons or to himself or to himself and one or more other Living persons and to transfer property is to perform such act.

Solution Preview

In the present case following few things should be borne in mind:-

Equitable remedy is a remedy other than payment of damages including obtaining and injunction or requiring specific performance of a contract.

? When a court orders a party to perform a specific act as stated in a contract it is called Specific performance. It is normally used in the form of injunctive relief concerning confidential information or real property. The order is granted when damages are inadequate remedy particularly in cases of land sale. The order is generally granted when the vendor refuses to convey title.

? But such orders are discretionary and depend on ...

Solution Summary

When a court orders a party to perform a specific act as stated in a contract it is called Specific performance. It is normally used in the form of injunctive relief concerning confidential information or real property. The order is granted when damages are inadequate remedy particularly in cases of land sale. The order is generally granted when the vendor refuses to convey title.

? But such orders are discretionary and depend on whether it is appropriate in the circumstances of the case, (in view of all the conditions surrounding the particular case).

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