Is a plaintiff entitled to specific performance of the contract for the sale of the tractor-trailer?
British Columbia, Canada
The following excerpt is from Walia v. Gandhi, 2005 BCSC 314 (CanLII):
The plaintiff claims that he is entitled to specific performance of the contract on the basis that the tractor-trailer was unique because it was connected to employment with Versacold. He relies on a number of cases where specific performance was awarded for breach of contract involving the sale of land, as well as Jessen v. Holloway Estate, [1994] B.C.J. No. 1709 (S.C.), which involved the sale of a fishing boat and licences.
The defendant says that the plaintiff was made whole by the repayment of the purchase price within several days of the breach and further, that the contract did not involve the purchase of a chattel that is unique. Accordingly, the plaintiff is not entitled to specific performance. Counsel relies on Semelhago v. Paramadevan, 1996 CanLII 209 (SCC), [1996] 2 S.C.R. 415.
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