Taking Specific Performance Seriously: Trumping Damages as the Presumptive Remedy for Breach of Contract

TAKING REMEDIES SERIOUSLY/LES RECOURS ET LES MESURES DE REDRESSEMENT: UNE AFFAIRE SÉRIEUSE, p. 85, Robert J. Sharpe & Kent Roach, eds., Canadian Institute for the Administration of Justice, 2010

34 Pages Posted: 10 Feb 2012

See all articles by Rosalie Jukier

Rosalie Jukier

McGill University - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: 2010

Abstract

In this article, which canvasses the remedy of specific performance from a comparative perspective of both the civil and the common law traditions, the author explores both the theoretical and practical attributes of specific performance, and attempts to meet the objections to this remedy ranging from personal liberty concerns, arguments attributed to economic analysis, problems of imprecision and supervision and practical disadvantages. The author concludes with a proposal for treating the remedy as a presumptive remedy, as do many civilian jurisdictions, subject to some limitations that range from considerations of serious hardship, the good faith principle, and the will of the parties as demonstrated in contractually stipulated “damages only” clauses.

Suggested Citation

Jukier, Rosalie, Taking Specific Performance Seriously: Trumping Damages as the Presumptive Remedy for Breach of Contract (2010). TAKING REMEDIES SERIOUSLY/LES RECOURS ET LES MESURES DE REDRESSEMENT: UNE AFFAIRE SÉRIEUSE, p. 85, Robert J. Sharpe & Kent Roach, eds., Canadian Institute for the Administration of Justice, 2010, Available at SSRN: https://ssrn.com/abstract=2002230

Rosalie Jukier (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
282
Abstract Views
1,233
rank
99,602
PlumX Metrics