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v. t. e. Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. [1] It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative.
The doctrine [1] of impossibility or impossibility of performance or impossibility of performance of contract is a doctrine in contract law.. In contract law, impossibility is an excuse for the nonperformance of duties under a contract, based on a change in circumstances (or the discovery of preexisting circumstances), the nonoccurrence of which was an underlying assumption of the contract ...
Substantial performance. At common law, substantial performance is an alternative principle to the perfect tender rule. It allows a court to imply a term that allows a partial or substantially similar performance to stand in for the performance specified in the contract. This principle is relevant when a contractor's performance is in some way ...
Contract law. The duty of honest contractual performance is a contractual duty and implied term of a contract, introduced into Canadian law in 2014 as a result of the decision of the Supreme Court of Canada in the case of Bhasin v. Hrynew . As a sub-category of good faith and a duty arising at common law, contracting parties have a duty to act ...
A condition precedent is an event or state of affairs that is required before something else will occur. In contract law, a condition precedent is an event which must occur, unless its non-occurrence is excused, before performance under a contract becomes due, i.e., before any contractual duty exists. [1] In estate and trust law, it is a ...
Consideration is the central concept in the common law of contracts and is required, in most cases, for a contract to be enforceable. Consideration is the price one pays for another's promise. It can take a number of forms: money, property, a promise, the doing of an act, or even refraining from doing an act. In broad terms, if one agrees to do ...
Hardship clause is a clause in a contract that is intended to cover cases in which unforeseen events occur that fundamentally alter the equilibrium of a contract resulting in an excessive burden being placed on one of the parties involved. [1][2] Hardship clauses typically recognize that parties must perform their contractual obligations even ...
Frustration of purpose, in law, is a defense to enforcement of a contract.Frustration of purpose occurs when an unforeseen event undermines a party's principal purpose for entering into a contract such that the performance of the contract is radically different from performance of the contract that was originally contemplated by both parties, and both parties knew of the principal purpose at ...
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