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Named that famouns contract case

  • 21-01-2011 8:01pm
    #1
    Ab roller plus
    Closed Accounts Posts: 55 ✭✭


    I think its an Irish case....basically A agreed to sell to B for a fixed amount. A changed his mind and wrote a letter with the three p's in it so the statue of frauds was statisfied.

    Court awarded specific performance of the contract and damages.

    Citation and name if possible?

    (i really dont fancy brushes the cobwebs of Bob's text)


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Lazy.

    The remedy of specific performance is an equitable remedy by which a party to a contract can be ordered to perform his or her obligations under that contract. Being an equitable remedy, it is discretionary in its nature; it is, however, awarded or refused on well-settled principles.

    I don't remember a case where both were awarded but I immediately thought of Beswick v. Beswick [1968] AC 58.

    Is your description correct above?


  • #3
    Ab roller plus
    Closed Accounts Posts: 55 ✭✭Ab roller plus


    Hmmmm *scratches head*

    Not sure if its correct.


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    However, damages will not be an adequate remedy in circumstances where the subject matter of the contract is unique, as is the case in contracts for the sale of land; and in such contracts, specific performance is the ordinary remedy.

    Damages may also be an insufficient remedy where they would be difficult or impossible to quantify. For example, where a contract is entered into to pay an annuity, the damages payable for breach of the contract are necessarily speculative, depending as they do on the age to which the recipient of the annuity might live. For that reason, the courts have in a number of cases taken the view that specific performance would be the appropriate remedy: see, for example, Swift v. Swift (1841) 31 IR Eq 267.


  • #5
    hession.law
    Registered Users, Registered Users 2 Posts: 108 ✭✭hession.law


    I think I know this one, was it the sale of bumper hall? if so the case is Harvey v Facey although that didn't end with a SP no contract was found.

    Anymore details?


  • #6
    Gazzetta
    Closed Accounts Posts: 28 ✭Gazzetta


    Harvey v Facey wasn't an Irish case, if OP is correct about that.

    "Three p's"? - what's that a reference to?


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  • #7
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    Gazzetta wrote: »
    Harvey v Facey wasn't an Irish case, if OP is correct about that.

    "Three p's"? - what's that a reference to?
    I think Parties, Price and Property - the requirements for the Statute of Frauds to kick in. Imagine a vendor writing to the purchaser and saying

    "Dear John Doe,

    About 10 Main Street, Cork - while we agreed I would sell it to you for €100,000, I've checked other sales prices and can't let it go for less than €150,000

    Joe Bloggs".

    John Doe now has his memorandum.


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