Commentary

89.3 Inadequacy of damages

BAILMENT vol 3(1)
| Commentary

89.3 Inadequacy of damages

| Commentary

89.3 Inadequacy of damages

Damages are likely to be held inadequate where the subject matter of the contract is exceptionally rare, beautiful or valuable and as such incapable of replacement by resort to the market1. Contracts to supply ordinary articles of commerce do not normally qualify for specific performance2 but an order may be made where a specific industrial object is irreplaceable by resort to the market3, or where generic commodities are commercially unobtainable by reason of industrial, political or similar events4. Damages might also be considered inadequate where it is extremely difficult to assess them accurately, thereby risking injustice5;

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