13
4月

Specific Performance Of An Agreement

In this case [Airport Industrial GP Ltd – another v Heathrow Airport Ltd – another [2015] EWHC 3753 (Ch) ], the court adopted the concrete performance of a contractual obligation to carry out construction work with respect to rental property. “7. A simple interpretation of this provision, that is, the second part of Rule 10 (2) CPC, would clearly show, in our view, that the parties required in an action for the practical performance of a sales contract are the contracting parties or, if they are dead, their legal representatives as well as a person who acquired the contractual property of the seller. In both equity and legal law, the contract constitutes rights and also regulates the debts of the parties. A buyer is a necessary party, as he would be concerned if he had acquired with or without termination of the contract, but a person who complains about a seller`s claim is not a necessary party. It is clear from the above that two tests must be carried out to determine who is a necessary part. The exams are … (1) there must be a right to some relief from that party with respect to procedural controversies; (2) In the absence of such a party, no effective decree can be made. “38. The Court of Justice has questioned the form of the decree to be taken in the event of concrete performance of the contract when the property is sold to another person by the defendant, i.e.dem owner of the property, and subsequently undergoes a decree on the concrete execution of the contract to transfer the property of recourse to the applicant in accordance with the contract. (2) The exemption provided in point (a) or b) of the subsection (1) is not granted by the Tribunal, unless it has been expressly claimed: because of the uniqueness of the land, it is sometimes a preferred remedy for a buyer or tenant when a seller or lessor is not complete.

There is a general principle that a land ownership contract is generally explicitly applied. Imagine that. You have just signed a commercial contract that allows your company to work with a new supplier and help you evolve your offer, achieve your intended goals and even potentially achieve your scalability goals. There is a lot of riding on the contract, but you have done your due diligence and you have had your commercial lawyer check the agreement with a fine tooth to make sure everything is as it should be. For example, Rina offers to buy Beth`s house and accepts Beth, but later decides to keep the property. Real estate is considered unique. As there is no other land or house like Beth, Rina may be entitled to a certain benefit on the contract.