What is the test for specific performance in a contract where a house is not unique?
Alberta, Canada
The following excerpt is from Stefanyk v. Kuhn, 2000 ABQB 741 (CanLII):
The fact that the house is not unique means that specific performance would not be an appropriate remedy: Semelhago v. Paramadevan, 1996 CanLII 209 (SCC), 136 D.L.R. (4th) 1 (S.C.C.). If there is an enforceable contract the Respondent’s remedy would be limited to damages. In these circumstances the caveat should not remain.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the definition of a contract for performance by payment by payment and by building the house and transferring the property? (Alberta, Canada)
Is a contract that specifically contemplates the execution of a formal contract valid? (Alberta, Canada)
In what circumstances will a party be bound by the elements of a contract where the contract is not enforceable when the contract was signed? (Alberta, Canada)
Is a contract enforceable for breach of contract when the contract is not enforceable? (Alberta, Canada)
Can a party who dictates different terms for a contract already formed be considered to be refusing to perform the contract as written? (Alberta, Canada)
What is the test for specific performance of a contract for the sale of reality? (Alberta, Canada)
Can facts establish a breach of contract and arise from carelessness in the performance of the contract? (Alberta, Canada)
How have the courts interpreted the meaning of the word "contract" in the context of an enforceable contract? (Alberta, Canada)
What are the implications of a court finding that specific performance is not an available remedy? (Alberta, Canada)
What is the test for a contract where a party contracts to cut for a quantity of wood and haul and deliver the wood at a time and to a place mentioned? (Alberta, Canada)
