Where damages are an adequate remedy?

Where damages are an adequate remedy?

Adequate remedy at law refers to the sufficient compensation for the loss or damages caused by the defendant with a proper monetary award. The court must grant the adequacy of remedy that will lead to a “meaningful hearing”.

Can you ask for specific performance and damages?

The Basic Law: Specific performance is a disfavored remedy utilized by courts when no other remedy (such as monetary damages) will adequately compensate the party seeking relief. California law states that specific performance may be compelled if: Specific performance would otherwise be an appropriate remedy; and.

What is suing for specific performance?

Specific performance is a remedy in contract law that is most often applied in real estate litigation and disputes where a court issues an order requiring a party to perform a specific act, and to specifically perform according to the terms of a contract. This is called specific performance.

What does adequate remedy at law mean?

An adequate remedy has also been described as a remedy that is complete, practical, and efficient, to the prompt administration of justice as is equitable relief. As such, the availability of an otherwise adequate remedy precludes the grant of an injunction.

Are damages an adequate remedy injunction?

Before an injunction is ordered, it must be established that an award of damages is not an adequate remedy. Traditionally, injunctions were only granted to protect a party’s proprietary rights. However, case law has expanded the use of injunctions and injunctions are no longer limited to protecting proprietary rights.

Can seller sue buyer specific performance?

When a buyer defaults, a seller has the option to sue for specific performance. This is an equitable remedy and an alternative to collecting monetary damages. It is a claim that is pursued through litigation, and if it is granted, a court will order a buyer to go to closing on a home.

How do you win a specific performance lawsuit?

In order to successfully fight a specific performance demand or lawsuit, the defending party must evaluate the facts and circumstances and be prepared to show that the party seeking specific performance has not met the required elements for specific performance, and more specifically show that the remedy of specific …

What are the defenses to a specific performance claim?

Laches: If the party seeking specific performance unreasonably delayed in bringing suit then their claim may be defeated by this defense. Undue Hardship or Burden: If the defendant can show that specific performance would create an undue hardship or burden on them then this defense may be successful.

How to deal with the problem of inadequacy of damages?

The first remedy to counter the problem of inadequacy of damages is specific performance. In practice, however, the courts are often reluctant to order specific performance. This reluctance can be for a number of reasons such as: it would be difficult for the court to supervise the performance. This is not a finite list but just some examples.

Can an order for specific performance be made instead of damages?

So, for example, an order for specific performance may be made instead of an order for damages: where the subject matter of the contract is unique and so no market substitute can be found; in relation to non-unique goods in circumstances where they are in practice not available;

When are money damages not enough to enforce a contract?

When a contract is for the sale of a unique property, for instance, mere money damages may not remedy the purchaser’s situation. Courts will enforce specific performance only if the underlying contract was “fair and equitable.”

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