Developments in specific performance

Specific performance, an equitable relief, is an order of the court directed at a particular person or persons to compel the discharge of an obligation lawfully undertaken. To the extent that specific performance is an equitable relief, it is a discretionary remedy. The courts will, therefore, be generally guided in their exercise of the discretion by the principles and maxims of equity. Some of these principles have recently received the attention of the Ghanaian courts, necessitating a re-appraisal of some of the English rules. Before discussing these recent decisions, the author examines the issue as to whether specific performance is a relief known to the customary law. Sections of the paper: Preliminary – Specific performance in customary law – The subject-matter of specific performance – The need for writing – The meaning of part performance – Mutuality – Contracts of service. Notes; ref.

Title: Developments in specific performance
Author: Kludze, A.K.P.
Year: 1977
Periodical: Review of Ghana Law
Volume: 9
Issue: 2
Pages: 102-130
Language: English
Geographic term: Ghana
External link: https://heinonline.org/HOL/Page?handle=hein.journals/rvghana9&id=112
Abstract: Specific performance, an equitable relief, is an order of the court directed at a particular person or persons to compel the discharge of an obligation lawfully undertaken. To the extent that specific performance is an equitable relief, it is a discretionary remedy. The courts will, therefore, be generally guided in their exercise of the discretion by the principles and maxims of equity. Some of these principles have recently received the attention of the Ghanaian courts, necessitating a re-appraisal of some of the English rules. Before discussing these recent decisions, the author examines the issue as to whether specific performance is a relief known to the customary law. Sections of the paper: Preliminary – Specific performance in customary law – The subject-matter of specific performance – The need for writing – The meaning of part performance – Mutuality – Contracts of service. Notes; ref.