Breach of Contract

McCrack

http://www.irishtimes.com/newspaper/ireland/2010/0827/1224277687883.html

I can't see whats novel here or that purchasers have been given "a ray of hope". The Court refused to grant SP on grounds that the purchaser has no money to complete the transaction but surely that doenst deny the Vendors the right to sue for damages for breach of contract? I just can't see that that could be ruled and that this judgment really adds nothing to alleviate the woes of property buyers.

Jarndyce

It was an application of common sense. Two thumbs up for Justice Deeny.

johnnyskeleton

Maybe the significance is in the measurement of damages. Damages in lieu of specific performace would be measured on the date of the trial (i.e. instead of making the person complete on that date, he should pay the developer the amount of money he would get on that date should it take place) whereas damages for breach of contract would be less because the developer could have mitigated his losses by selling when it becamse apparent that the buyer could not complete.

Our man in Havana

Also blood could not be obtained from a stone.

Goesague

Very similar to this.

http://www.irishtimes.com/newspaper/...274418800.html

Of course when its a foreign judgement everyone in this jurisdiction sits up and notices.

evercloserunion

I may be mistaken but I don't think it was ever the case that a court would grant specific performance if was effectively impossible to enforce.