TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

SPECIFIC PERFORMANCE [1 record]

Record 1 2016-01-19

English

Subject field(s)
  • PAJLO
  • Law of Contracts (common law)
  • Property Law (common law)
CONT

Although there are many executory contracts equity will not enforce specifically, contracts for the sale of land have generally been held to be specifically enforceable. Maitland had said that "specific performance applies to agreements for the sale or lease of land as a matter of course" and this conclusion has been reiterated by the Supreme Court of Canada. The traditional view that ordinarily damages would not be an adequate remedy for breach of a contract for the sale of land is based on the assumption that each parcel of land is unique and thus damages would not permit the plaintiff purchaser to find a substitute. (Anger and Honsberger, 2nd, p. 1153)

French

Domaine(s)
  • PAJLO
  • Droit des contrats (common law)
  • Droit des biens et de la propriété (common law)
OBS

exécution en nature : terme normalisé par le Comité de normalisation, Promotion de l'accès à la justice dans les deux langues officielles (PAJLO).

Spanish

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