Specific Performance

Front 1

Joyce v O'Shea

Back 1

Property depreciated in value substantially between time contract was made and time of trial - effect of financial crisis

Front 2

Falcke v Gray

Back 2

Contracts for sale of two china jars of unusual "beauty, rarity and distinction" - specific performance could be ordered

Front 3

Sky Petroleum v VIP Petroleum

Back 3

Principle of specific performance as opposed to damages extended to supply of petrol during shortage

Front 4

Sale of Goods and Supply of Services Act 1893, S.52

Back 4

Statutory power to award specific performance of "specific" or "ascertained" goods

Front 5

Flight v Bolland

Back 5

Minor unable to obtain order of specific performance since such an order would not have been given against a minor - no mutuality

Front 6

Co-Operative Insurance Society v Argyll

Back 6

Specific performance application against supermarket to force it to stay open rejected due to need for supervision, "heavy-handed" nature of sanction and potential for unjust enrichment

Front 7

Ó'Murchú t/a Talknology v Eircell Ltd

Back 7

Geoghegan J reiterated reluctance of courts to grant specific performance where ongoing supervision would be required - impractical and undesirable

Front 8

Wanze Properties (Ireland) v Five Star Supermarket

Back 8

Interlocutory injunction granting specific performance to prevent supermarket moving - n suggestion it was running at a loss

Front 9

Dakota Packaging v APH Manufacturing BV

Back 9

Notice period in relation to supply of products at a particular price - rationale of Argyll accepted

Front 10

Wolverhampton Corporation v Emmons

Back 10

In relation to building contracts, specific performance would be granted if:

i) work specified with sufficient clarity

ii) plaintiff had substantial interest (damages inadequate)

iii) defendant in possession of relevant land

Front 11

Rushbrooke v O'Sullivan

Back 11

'Substantial repairs and improvements" was not sufficiently clear to satisfy Emmons test

Front 12

Hill v CA Parsons

Back 12

Confidence still existed between parties, since trade union was forcing employer to dismiss employee

Front 13

Powell v London Borough of Brent

Back 13

Sufficiency of confidence based on circumstances of the case (ie. nature of work, other employees etc)

Front 14

Wallace v Irish Aviation Authority

Back 14

Because plaintiff's duties were very routine, her contractual obligations could be specifically enforced

Front 15

Fennelly v Assicurazioni Generali

Back 15

Irish example of willingness to grant injunction for specific performance of employment contract pending trial

Front 16

Ahmed v HSE

Back 16

Injunction refused to consultant based on complex infrastructural, organisational and practical considerations

Front 17

Kelly v Simpson

Back 17

Plaintiff's failed to come to contract with clean hands by deceiving planning authorities as to condition of land and ownership

Front 18

Smelter Corporation v O'Driscoll

Back 18

Even if misrepresentation as to compulsory purchase had been innocent, it would still be a defence to specific performance

Front 19

In re a Contract between Fawcett and Holmes

Back 19

Misstatement of area of land - buyer was getting more than he bargained for, this was not a defence to specific performance

Front 20

Flight v Booth

Back 20

Major misdescription of nature of property's uses- specific performance could not be granted

Front 21

McGrath v Stewart

Back 21

Delay in closing date and legal action resulted in major drop in value - was not equitable to enforce

Front 22

Patel v Ali

Back 22

Exceptional circumstances sufficient to prevent specific performance - husband in jail, wife had cancer, loss of children possible

Front 23

Aranbel Ltd v Darcy

Back 23

Order for specific performance would be futile because it would be impossible to comply given that they had no assets to meet order