Remedies for specific performance for land contract: legal development
The paper discusses the relief of specific performance (SP) and deals with types and nature of contract that may be ordered by the court to be specifically performed and those that cannot be specifically performed. Specifically, the paper analyses the circumstances in which the courts decide to gran...
| Main Authors: | , |
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| Format: | Proceeding Paper |
| Language: | English English |
| Published: |
2015
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/50686/ http://irep.iium.edu.my/50686/1/20160429083513816.pdf http://irep.iium.edu.my/50686/7/SP_PP_Irers_2016_Nor_Asiah_2.pptx |
| _version_ | 1848783696059957248 |
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| author | Mohamad, Nor Asiah Syed Abdul Kader, Sharifah Zubaidah |
| author_facet | Mohamad, Nor Asiah Syed Abdul Kader, Sharifah Zubaidah |
| author_sort | Mohamad, Nor Asiah |
| building | IIUM Repository |
| collection | Online Access |
| description | The paper discusses the relief of specific performance (SP) and deals with types and nature of contract that may be ordered by the court to be specifically performed and those that cannot be specifically performed. Specifically, the paper analyses the circumstances in which the courts decide to grant SP and not to grant SP for land contract. Under the law, the remedy of SP is discretionary and scuh discretion to be exercised according to well established principles. It is found out that the right to sue for SP in equity is quite distict from the cause of action at common law. SP is granted when there are circumstances justifying it. The grant of SP is always subject to conditions.SP is said to be the best remedy for breach of immovable contract. |
| first_indexed | 2025-11-14T16:25:27Z |
| format | Proceeding Paper |
| id | iium-50686 |
| institution | International Islamic University Malaysia |
| institution_category | Local University |
| language | English English |
| last_indexed | 2025-11-14T16:25:27Z |
| publishDate | 2015 |
| recordtype | eprints |
| repository_type | Digital Repository |
| spelling | iium-506862023-11-09T08:27:50Z http://irep.iium.edu.my/50686/ Remedies for specific performance for land contract: legal development Mohamad, Nor Asiah Syed Abdul Kader, Sharifah Zubaidah K Law (General) The paper discusses the relief of specific performance (SP) and deals with types and nature of contract that may be ordered by the court to be specifically performed and those that cannot be specifically performed. Specifically, the paper analyses the circumstances in which the courts decide to grant SP and not to grant SP for land contract. Under the law, the remedy of SP is discretionary and scuh discretion to be exercised according to well established principles. It is found out that the right to sue for SP in equity is quite distict from the cause of action at common law. SP is granted when there are circumstances justifying it. The grant of SP is always subject to conditions.SP is said to be the best remedy for breach of immovable contract. 2015 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/50686/1/20160429083513816.pdf application/pdf en http://irep.iium.edu.my/50686/7/SP_PP_Irers_2016_Nor_Asiah_2.pptx Mohamad, Nor Asiah and Syed Abdul Kader, Sharifah Zubaidah (2015) Remedies for specific performance for land contract: legal development. In: 8th International Real Estate Research Symposium (IRERS) 2016, 26th-28th April 2016, Kuala Lumpur. (Unpublished) http://www.inspen.gov.my/inspen/v2/?lang=en&page_id=76 |
| spellingShingle | K Law (General) Mohamad, Nor Asiah Syed Abdul Kader, Sharifah Zubaidah Remedies for specific performance for land contract: legal development |
| title | Remedies for specific performance for land contract: legal development |
| title_full | Remedies for specific performance for land contract: legal development |
| title_fullStr | Remedies for specific performance for land contract: legal development |
| title_full_unstemmed | Remedies for specific performance for land contract: legal development |
| title_short | Remedies for specific performance for land contract: legal development |
| title_sort | remedies for specific performance for land contract: legal development |
| topic | K Law (General) |
| url | http://irep.iium.edu.my/50686/ http://irep.iium.edu.my/50686/ http://irep.iium.edu.my/50686/1/20160429083513816.pdf http://irep.iium.edu.my/50686/7/SP_PP_Irers_2016_Nor_Asiah_2.pptx |