Remedies of specific performance for land contracts: Legal development

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

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Main Authors:	Mohamad, Nor Asiah, Syed Abdul Kader, Sharifah Zubaidah
Format:	Article
Language:	English
Published:	Ministry of Finance Malaysia 2018
Subjects:	K Law (General) K1001 Commercial Law K623 Civil Law K720 Property Law
Online Access:	http://irep.iium.edu.my/78678/ http://irep.iium.edu.my/78678/ http://irep.iium.edu.my/78678/1/SP%20in%20JVPS%20Vol%2016%20%281%29.pdf

id	iium-78678
recordtype	eprints
spelling	iium-786782020-02-17T03:31:29Z http://irep.iium.edu.my/78678/ Remedies of specific performance for land contracts: Legal development Mohamad, Nor Asiah Syed Abdul Kader, Sharifah Zubaidah K Law (General) K1001 Commercial Law K623 Civil Law K720 Property Law This paper discusses the relief of specific performance (SP) and deals with types and nature of contracts that may be ordered by the court to be specifically performed and those that cannot be specifically performed. Specifically, this 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 such discretion is to be exercised according to well established principles. Employing doctrinal legal research, this study analyses the relevant provisions under the Specific Relief Act 1950 and identifies how the courts applied the provisions to case laws thus developing a precedent on SP for immoveable property. It is found out that the right to sue for specific performance in equity is quite distinct from a cause of action at common law. Specific performance 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 contract for immoveable property. For example, land is normally deemed by the law to have a special value, the loss of which may not be adequately measured or compensated by damages or money (S 11(2) of the Act) unless and until the contrary is performed. All the above must be read subject to section 20 of the same Act that provides for circumstances where SP cannot be granted. Ministry of Finance Malaysia 2018 Article NonPeerReviewed application/pdf en http://irep.iium.edu.my/78678/1/SP%20in%20JVPS%20Vol%2016%20%281%29.pdf Mohamad, Nor Asiah and Syed Abdul Kader, Sharifah Zubaidah (2018) Remedies of specific performance for land contracts: Legal development. Journal of Valuation and Property Services, 16. pp. 1-11. ISSN 1511-3345 http://www.inspen.gov.my
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General) K1001 Commercial Law K623 Civil Law K720 Property Law
spellingShingle	K Law (General) K1001 Commercial Law K623 Civil Law K720 Property Law Mohamad, Nor Asiah Syed Abdul Kader, Sharifah Zubaidah Remedies of specific performance for land contracts: Legal development
description	This paper discusses the relief of specific performance (SP) and deals with types and nature of contracts that may be ordered by the court to be specifically performed and those that cannot be specifically performed. Specifically, this 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 such discretion is to be exercised according to well established principles. Employing doctrinal legal research, this study analyses the relevant provisions under the Specific Relief Act 1950 and identifies how the courts applied the provisions to case laws thus developing a precedent on SP for immoveable property. It is found out that the right to sue for specific performance in equity is quite distinct from a cause of action at common law. Specific performance 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 contract for immoveable property. For example, land is normally deemed by the law to have a special value, the loss of which may not be adequately measured or compensated by damages or money (S 11(2) of the Act) unless and until the contrary is performed. All the above must be read subject to section 20 of the same Act that provides for circumstances where SP cannot be granted.
format	Article
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 of specific performance for land contracts: Legal development
title_short	Remedies of specific performance for land contracts: Legal development
title_full	Remedies of specific performance for land contracts: Legal development
title_fullStr	Remedies of specific performance for land contracts: Legal development
title_full_unstemmed	Remedies of specific performance for land contracts: Legal development
title_sort	remedies of specific performance for land contracts: legal development
publisher	Ministry of Finance Malaysia
publishDate	2018
url	http://irep.iium.edu.my/78678/ http://irep.iium.edu.my/78678/ http://irep.iium.edu.my/78678/1/SP%20in%20JVPS%20Vol%2016%20%281%29.pdf
first_indexed	2023-09-18T21:50:49Z
last_indexed	2023-09-18T21:50:49Z
_version_	1777413756809117696

Remedies of specific performance for land contracts: Legal development

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