SPECIFIC PERFORMANCE AS A LEGAL ALTERNATIVE TO AWARD OF DAMAGES: SOME LEGAL CONSIDERATIONS

Abstract

The topic of this research is “Specific performance as a legal alternative to Award of damages: Some Legal Considerationâ€. The court of equity developed the remedy of specific performance as damages often could not adequately compensate someone for the inability to own a particular piece of real property, land being regarded as unique. The research examined specific performance as a legal alternative to Award of damages under property Law with a view of pointing out the adequacy or otherwise of the remedy. Efforts were made to rely on doctrinal method based on primary and secondary sources. It was discovered that specific performance is an alternative to awarding damages and is classed as an equitable remedy commonly used in the form of injunctive relief concerning confidential information or real property. It was found further that as alternative remedy, the plaintiff may at times, unreasonable seek for the remedy when it is practically impossible to do so, particularly, when damages could be an adequate remedy. The research recommended that the availability of this remedy should depend on whether it is appropriate in the circumstances of the case to grant same and not on the mere erroneous believe that it is alternative to damages. The conclusions reached shed light on the choices made between damages and specific performance to the extent that orders of specific performance should be granted when damages are not an adequate remedy and in some specific cases, such as land sale.