354. Specific performance.

It was the traditional view that specific performance of a tenant's repairing covenant would not be granted1. However, following development of the jurisdiction to grant specific performance of contracts to do building works, specific performance of repairing covenants began to be granted by analogy in cases where the works were sufficiently defined2. It has now been held that a modern law of remedies requires specific performance of a tenant's repairing covenant to be available in appropriate circumstances, and there are no constraints of principle or binding authority against the availability of the remedy, on the grounds that:

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    (1)     even