The undisputed facts in Oliver appear straightforward enough for a case that sparked a somewhat extended discussion. The sellers breached a residential sales contract, for two tracts of land, ...
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Specific performance of a gift without consideration
Specific performance is one of the most powerful and intrusive remedies of equity, as it goes beyond monetary compensation and compels the actual fulfilment of a contractual obligation. Its ...
On May 30, 2023, the Appellate Division, First Department, decided 301 East 60th Street LLC v. Competitive Solutions LLC, 217 AD3d 79 (1st Dept. 2023) (Competitive Solutions)—the first decision to ...
On June 13, 2025, the Supreme Court of Texas delivered a 17-page opinion in White Knight Development, LLC v. Simmons clarifying that monetary damages may be awarded alongside specific performance in ...
Decorators Choice Paint Store Ltd. (Decorators) was a tenant of Innes Crossing Inc. (Innes) in Ottawa's east end since 1993, leasing a retail store of 3,600 square feet. In 2018, when Decorators began ...
A recent Colorado Court of Appeals decision arising out of a business investment contract gone awry contains a lengthy (100-plus page) discussion about “specific performance.” This is a remedy that ...
When negotiating the remedy for a buyer’s failure to close an acquisition, the parties typically agree to a specific performance remedy and sometimes also agree to a reverse break-up fee. In drafting ...
The Supreme Court refused specific performance after holding that the purchaser failed to prove continuous readiness and willingness under Section 16(c) of the Specific Relief Act. It ruled that ...
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