i) Dixon J in J C Williamson Ltd v Lukey Mulholland 1 explained that specific achievement is in the proper sense, a remedy to accommodate the execution in specie of a postulate which requires soundly-nigh definite thing to be done before the execution is complete and the parties rights are settled in the manner intended.
Specific performance is a principle which is usually applied when other remedies or redress are inadequate to remedy the bump of contract. This testament mean that in suppose for Adolf to seek specific performance, the contract must have commenced or part performed and that modify as a remedy prove inadequate.
Another issue that courts have been touch on about is the constant court inadvertence which would be postulate for specific performance. Dixon J in J C Williamson Ltd v Lukey and Mulholland 2 expressed that specific performance is inapplicable when the continued supervision of the Court is necessary in dedicate to ensure the bound of the contract. The Court will not be prepared to shake off its resources every time there is a breach of a term of the contract, the Court will be reluctant to order specific performance as, for example each time Bennito fails to blusher Adolfs house as specified under the contract, a fair play suit will arise.
Lord Hoffman in Co-operative Insurance Society Ltd v Argyll Stores3 concurred with Pennycuick V. C of Dowty Boulton Paul Ltd v Wolverhampton Corporation4 that, It is very well established that a court will not order specific performance of an obligation to carry on business. He also added that it is unnecessary in the circumstances to discuss whether damages would be an adequate remedy...
Thus, I cannot see why damages will not be an adequate remedy for Bennitos breach of contract, even if the damage is inadequate, specific...
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