Patel V Ali
   HOME

TheInfoList



OR:

''Patel v Ali'' 984Ch 283 is an
English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...
case, concerning the possibility of claiming specific performance of a promise after
breach of contract Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party ...
.


Facts

A vendor of a house became disabled after the sale. If she went through with the sale she would have lost the house. The buyer of the house demanded specific performance to convey the property.


Judgment

Goulding J refused to grant
specific performance Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, ...
, and granted only damages. As a discretionary, equitable remedy, specific performance was refused on the ground that considerable hardship would be caused.


See also

*
English contract law English contract law is the body of law that regulates legally binding agreements in England and Wales. With its roots in the lex mercatoria and the activism of the judiciary during the industrial revolution, it shares a heritage with countries ...
*''
Sky Petroleum v VIP Petroleum ''Sky Petroleum v VIP Petroleum'' 974 Year 974 ( CMLXXIV) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Battle of Danevirke: Emperor Otto II defeats t ...
'' 9741 WLR 576 * Restatement (Second) of Contracts 197
§364


Notes

{{reflist, 2


References

* English contract case law High Court of Justice cases 1985 in United Kingdom case law