In two recent cases, the Ontario Superior Court of Justice (Court) endorsed a shift away from the view of specific performance as an “extraordinary” remedy in the context of commercial real estate ...
Decision underscores the practical realities required for a court to enforce a specific performance clause, and the importance of having “clean hands” for parties to be eligible for this specific ...
On May 30, 2023, the Appellate Division, First Department, decided 301 East 60th Street LLC v. Competitive Solutions LLC, 217 AD3d 79 (1st Dept. 2023) (Competitive Solutions)—the first decision to ...
The authors explore cases where the remedy of specific performance may be available, as well as certain requirements that must be satisfied in order to obtain an order of specific performance. They ...
A recent Colorado Court of Appeals decision arising out of a business investment contract gone awry contains a lengthy (100-plus page) discussion about “specific performance.” This is a remedy that ...
When negotiating the remedy for a buyer’s failure to close an acquisition, the parties typically agree to a specific performance remedy and sometimes also agree to a reverse break-up fee. In drafting ...
Aranan Tarih Aralığı: 2026-6-12 / 2026-06-13 Aranan Kelime: a right closely related to the buyer s right to replevy is her right to specific performance where the goods are unique or in other proper ...
Depending on the circumstances, a party may wish to seek an injunction to prevent the counterparty from breaching the contract. A party may seek injunctive relief where it appears that the ...
A recent Colorado Court of Appeals decision arising out of a business investment contract gone awry contains a lengthy (100-plus page) discussion about “specific performance.” This is a remedy that ...
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