Remedies for specific performance for land contract: legal development

The paper discusses the relief of specific performance (SP) and deals with types and nature of contract that may be ordered by the court to be specifically performed and those that cannot be specifically performed. Specifically, the paper analyses the circumstances in which the courts decide to gran...

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Main Authors: Mohamad, Nor Asiah, Syed Abdul Kader , Sharifah Zubaidah
Format: Conference or Workshop Item
Language:English
English
Published: 2015
Subjects:
Online Access:http://irep.iium.edu.my/50686/
http://irep.iium.edu.my/50686/
http://irep.iium.edu.my/50686/1/20160429083513816.pdf
http://irep.iium.edu.my/50686/7/SP_PP_Irers_2016_Nor_Asiah_2.pptx
id iium-50686
recordtype eprints
spelling iium-506862016-06-29T03:05:40Z http://irep.iium.edu.my/50686/ Remedies for specific performance for land contract: legal development Mohamad, Nor Asiah Syed Abdul Kader , Sharifah Zubaidah K Law (General) The paper discusses the relief of specific performance (SP) and deals with types and nature of contract that may be ordered by the court to be specifically performed and those that cannot be specifically performed. Specifically, the paper analyses the circumstances in which the courts decide to grant SP and not to grant SP for land contract. Under the law, the remedy of SP is discretionary and scuh discretion to be exercised according to well established principles. It is found out that the right to sue for SP in equity is quite distict from the cause of action at common law. SP is granted when there are circumstances justifying it. The grant of SP is always subject to conditions.SP is said to be the best remedy for breach of immovable contract. 2015 Conference or Workshop Item NonPeerReviewed application/pdf en http://irep.iium.edu.my/50686/1/20160429083513816.pdf application/pdf en http://irep.iium.edu.my/50686/7/SP_PP_Irers_2016_Nor_Asiah_2.pptx Mohamad, Nor Asiah and Syed Abdul Kader , Sharifah Zubaidah (2015) Remedies for specific performance for land contract: legal development. In: 8th International Real Estate Research Symposium (IRERS) 2016, 26th-28th April 2016, Kuala Lumpur. (Unpublished) http://www.inspen.gov.my/inspen/v2/?lang=en&page_id=76
repository_type Digital Repository
institution_category Local University
institution International Islamic University Malaysia
building IIUM Repository
collection Online Access
language English
English
topic K Law (General)
spellingShingle K Law (General)
Mohamad, Nor Asiah
Syed Abdul Kader , Sharifah Zubaidah
Remedies for specific performance for land contract: legal development
description The paper discusses the relief of specific performance (SP) and deals with types and nature of contract that may be ordered by the court to be specifically performed and those that cannot be specifically performed. Specifically, the paper analyses the circumstances in which the courts decide to grant SP and not to grant SP for land contract. Under the law, the remedy of SP is discretionary and scuh discretion to be exercised according to well established principles. It is found out that the right to sue for SP in equity is quite distict from the cause of action at common law. SP is granted when there are circumstances justifying it. The grant of SP is always subject to conditions.SP is said to be the best remedy for breach of immovable contract.
format Conference or Workshop Item
author Mohamad, Nor Asiah
Syed Abdul Kader , Sharifah Zubaidah
author_facet Mohamad, Nor Asiah
Syed Abdul Kader , Sharifah Zubaidah
author_sort Mohamad, Nor Asiah
title Remedies for specific performance for land contract: legal development
title_short Remedies for specific performance for land contract: legal development
title_full Remedies for specific performance for land contract: legal development
title_fullStr Remedies for specific performance for land contract: legal development
title_full_unstemmed Remedies for specific performance for land contract: legal development
title_sort remedies for specific performance for land contract: legal development
publishDate 2015
url http://irep.iium.edu.my/50686/
http://irep.iium.edu.my/50686/
http://irep.iium.edu.my/50686/1/20160429083513816.pdf
http://irep.iium.edu.my/50686/7/SP_PP_Irers_2016_Nor_Asiah_2.pptx
first_indexed 2023-09-18T21:11:40Z
last_indexed 2023-09-18T21:11:40Z
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