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QUESTION : Specific performance is a remedy where a party to a contract is directed to perform his or her obligation according to the terms
QUESTION:
Specific performance is a remedy where a party to a contract is directed to perform his or her obligation according to the terms of the said contract. Generally, this remedy is not available in the face of a breach of contract for the sale of goods.
Nonetheless, it is in the nature of the law of equity to find exceptions where justice would otherwise not prevail. Explain and discuss, with relevant case law, the following:
- The reasons specific performance is generally not available for breach of contract for the sale of goods; and
- How the law digresses from the general rule above.
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