Tort / Personal Injury

Specific Performance in Ireland

Edited by Niall Buckley · Bairbre O’Neill · Brian Conroy
Bloomsbury Professional (formerly Tottel Publishing) August 2012

Specifications

ISBN-13
9781847663818
Publisher
Bloomsbury Professional (formerly Tottel Publishing)
Publication
August 2012
Format
Hardback
Jurisdiction
Ireland ? Countri(es) for reference only

Details

This book deals with the development of the doctrine of specific performance with particular focus on issues such as: procedure, defences, ancillary remedies, conditional contracts, subject to contract, part performance and the application of the doctrine to specific types of contract. As well as property contracts, it also covers specific performance of other types of contracts, such as contracts for the sale of shares, partnership agreements, construction contracts, agreements for services and leases. The book deals with the procedures associated with seeking the remedy, the defences to a claim, and alternative remedies which may warrant consideration.

Legislation key to Specific Performance in Ireland: Land and Conveyancing Law Reform Act 2009
Key case law: Aranbel v Darcy; O’Connor v Coady; Mackie v Wilde (No.2); Ahmed v HSE; Claystone v Larkin; Supermacs Ireland Ltd v Katesan; Dakota Packaging v AHP Manufacturing; Duffy v Ridley Properties Ltd

Table of Contents

1. The Nature of Specific Performance

2. The Contractual Context of the Remedy

3. Defences to the Action and Discretionary Reasons for Refusal of Relief

4. Statue of Frauds and Subject to Contract

5. Part Performance

6. Contracts for Interests in Land

7. Specific Performance of Contracts with other Subject Matters

8. Other Remedies Similar to Specific Performance

9. Specific Performance and Third Parties

10. Damages and Money Claims

11. Procedure.

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