Specific Performance - Law Dictionary Search Results
remedy
enforce a right or to prevent or obtain redress for a wrong : the relief (as damages, restitution, specific performance, or an injunction) that may be given or ordered by a court or other tribunal for a wrong … the attempted agreement "First Nat'l Mortgage Corp. v. The Manhattan Life Ins. Co., 360 So. 2d 264 (1978)"] [specific performance and other equitable remedies] rem·e·di·less adj vt -died -dy·ing : to provide or serve as a remedy for
Deposit
Law of Property Act, 1925, ss. 45 and 49. By s. 49(2), where the Court refuses to grant specific performance of a contract or in any action for the return of a deposit the Court may, if it
Consideration
on the one side, or mental incompetency on the other, and, inequity, inadequacy maybe a reason for refusing specific performance, Pegler v. White, 33 Beav 403. (b) Forbearance for a time to institute a suit upon a well-founded
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damage
injury for which another is liable see also additur, cover, mitigate, remittitur compare declaratory judgment at judgment, injunction specific performance at performance NOTE: The trier of fact determines the amount of damages to be awarded to the prevailing
Frauds, Statute of
to contracts for the sale or purchase of land, but it also applies to other cases in which specific performance would be granted by a Court of Equity. It applies wherever the defendant has obtained some substantial advantage
In an appropriate case
always incumbent on the plaintiff to claim possession or partition or separate possession in a suit for specific perform-ance of a contract for the transfer of the immovable property, Babu Lal v. Hazari Lal Kishori Lal, AIR … In an appropriate case, the expression 'in an appro-priate case' in s. 22(1) of the Specific Relief Act, 1963 only indicates that it is not always incumbent on the plaintiff to claim possession or
Lease
the landlord are good evidence of a tenancy. By the (English) Judicature Act,1925, s. 56, causes for the specific performance of contracts for leases are assigned to the Chancery Division of the High Court. See LANDLORD AND TENANT;
intent
for further consequences or a precise result [there was a general intent to assault but not to kill] specific intent : intent to perform an illegal act with the knowledge or purpose that particular results will or … from willfulness or recklessness) in relation to an act criminal intent : intent general intent : intent to perform an illegal act without the desire for further consequences or a precise result [there was a general intent
injunction
or refrain from doing a specified act compare cease-and-desist order at order, damage declaratory judgment at judgment, mandamus specific performance at performance, stay NOTE: An injunction is available as a remedy for harm for which there is no
judgment
interpretation of a law or instrument [seeking a declaratory judgment that the regulation is unconstitutional] compare damage, injunction specific performance at performance default judgment : a judgment entered by a court after an entry of default against a
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