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Court order to fulfil the contract

The court will sometimes order a party to carry out the actual requirements of the contract (called 'specific performance'), rather than pay damages, if damages would not compensate the other party fairly. It would be unusual in most consumer transactions for a court to make such order, as an order to pay damages would be adequate justice. However, a court may order a person to comply with a contract where damages are inappropriate or inadequate because of the subject matter of the contract, for example, where the contract was for the sale of a particular house, block of land or work of art. In a contract for the sale of land the court will order a vendor who fails to transfer the land to the purchaser to comply with the contract. Legal advice should be sought in these circumstances.

Who can make a contract  :  Last Revised: Tue Oct 9th 2018
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.