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Remedies for specific performance for land contract: legal development

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 (Unpublished)

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Abstract

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.

Item Type: Conference or Workshop Item (Slide Presentation)
Additional Information: 781/50686
Uncontrolled Keywords: land contract, legal development
Subjects: K Law > K Law (General)
Kulliyyahs/Centres/Divisions/Institutes: Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law
Depositing User: Dr Nor Asiah Mohamad
Date Deposited: 29 Jun 2016 11:05
Last Modified: 29 Jun 2016 11:05
URI: http://irep.iium.edu.my/id/eprint/50686

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