Business studies - Case Study Example

Specific performance may therefore be granted in the event that the court can identify the elements and that no vitiating factor exists in a case. Further, in case of existence of a vitiating factor, the party with an advantage over the factors must have not rescinded the contract of must not have such intentions. An agreement between the two parties, consideration, contractual capacity, and legality of the subject matter must be met and the process of creating the contract must be free from duress, undue influence, misrepresentation, and fraud (Goldman and Sigismond 129).

In addition to establishing existence of a contract for determination of breach, the required performance must meet rules of specific performance. A party qualifies for a specific performance remedy if other equitable remedies are not sufficient to cover the damage of breach of contract. Examples are in cases of specific property of in contract of service that include execution of talent. Artwork such as paintings is an example of performances that warrant specific performance. A court is also likely to award specific performance if it is able super to supervise performance.

Ability to identify the performance and nature of supervision determines this. In the case of Co-operative v Argyll Stores (Holdings) Ltd (1997), for example, the courts acknowledged need for specific performance but declined to award it because the performance would require constant supervision from the courts. Another significant factor in specific performance is that it is awarded at the court’s discretion (Kelly, Hayward, Hammer and Hendy 310). The case of General against Honi identifies existence of a contract that agreement between the two parties, contractual capacity, implied consideration, and legality of the subject matter support.

The scope of the contract identifies specific commodity