Hasham v Zenab
1960 · [1960] AC 316
Posted By lanbuk.com
- Facts
- A seller of land in East Africa signed a contract and then, minutes later, tore it up. The completion date had not arrived.
- Issue
- Could the buyer obtain before the time for completion?
- Held
- Yes. The Privy Council held that a claim for specific performance may be brought before the date of performance where the has shown he will not perform.
- Principle
- Specific performance may be granted before the date for performance where there is a real threat of breach.
- Why it matters
- It shows the flexibility of equitable remedies as to timing.
Words and Latin in this note
- Specific performance
- An order requiring a party to actually carry out what they promised in a contract, instead of only paying damages. Open the note.
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