When can a vendor claim damages for specific performance?
Ontario, Canada
The following excerpt is from Kim v. Trump, 2014 ONSC 2129 (CanLII):
In the leading case on the interaction between claims for damages and specific performance, Johnson v. Agnew, [1980] A.C. 367 (H.L.(E.)), at p. 392, Lord Wilberforce set out the following “uncontroversial” proposition: [I]f the vendor treats the purchaser as having repudiated the contract and accepts the repudiation, he cannot thereafter seek specific performance. This follows from the fact that, the purchaser having repudiated the contract and his repudiation having been accepted, both parties are discharged from further performance.
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