The court does not normally order specific performance1 of an ordinary building or engineering contract2. However, there are exceptions3, and an order for specific performance of a contract to build will be made if the following conditions are fulfilled: (1) that the building work is sufficiently defined by the contract between the parties; (2) that the claimant has a substantial interest in the performance of the contract that cannot be adequately compensated in damages; (3) that the defendant is in possession of the land on which the work is contracted to be done
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This Practice Note considers the legal concept of mistake in contract law. It examines common mistake, mutual mistake, unilateral mistake, mistake as to identity and mistake as to the document signed (non est factum). It also considers the impact of each of these types of mistake on the contract and
Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the company may want to ensure that relevant creditors quickly enter a standstill agreement to gain some breathing space to consider a restructuring
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