Is a personal judgment against a vendor tantamount to a specific performance?
British Columbia, Canada
The following excerpt is from Century Manufacturing Co. Ltd. v. O'Neil, 1982 CanLII 723 (BC SC):
Is the order for personal judgment inconsistent with the order for specific performance? They are not inconsistent within the meaning of that word used in Shocket v. Hay because both remedies are affirmations of the contract. Carrothers J. A. at p. 153 states as follows: … personal judgment against the purchaser on his covenant to pay… is tantamount to specific performance. The appellants [the vendors] cannot have it both ways and sooner or later they must decide which way they want it.
"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
Is it fatal to a specific performance claim for specific performance that the contracting party, and sole named plaintiff, cannot and does not provide any evidence that touches on the reasons why the property is unique to her? (British Columbia, Canada)
How have the courts dealt with a specific performance claim for specific performance? (British Columbia, Canada)
Is a vendor entitled to a personal judgment against the petitioner? (British Columbia, Canada)
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
Is there any difference between the assessment of damages in lieu of specific performance and the amount of damages assessed at the date of judgment? (British Columbia, Canada)
How have courts in BC considered specific performance damages in a personal injury action? (British Columbia, Canada)
Is a plaintiff’s personal injury fund available for use in a personal injury litigation deduction? (British Columbia, Canada)
Is a plaintiff entitled to specific performance of the contract for the sale of the tractor-trailer? (British Columbia, Canada)
What is the test for determining whether a person is able to produce a product that contains a specific type of material which is not suitable for human consumption? (British Columbia, Canada)
In a personal injury action for damages for personal injury, what is the current state of the law on pain? (British Columbia, Canada)
