C/L/155. Contract Law & Specific Performance

This paper discusses the availability of specific performance under common law and civil law systems. The assignment will provide a full discussion of the position in English Law in relation to specific performance and will then look at the approach taken in both American law and in international sales transactions. This assignment will then consider civil law countries were Specific Performance is allegedly more widely available. It will be concluded that specific performance as a remedy, whilst more readily available in some jurisdictions, as a remedy is under utilised. It will be concluded that the reason for is almost entirely as a result of the failure for courts to previously provided it as a suitable remedy. Finally it will be concluded that it should be more readily available given that the core of any contract is performance.