Professor Denis Ong, author of the acclaimed works Trusts Law and Ong on Equity, addresses the complexities of Specific Performance in this book. In this erudite text, Professor Ong applies a forensic knowledge of the relevant case law, across Australian and international jurisdictions, resulting in a comprehensive analysis of Specific Performance.
Generally, the key principles of law are identified and the key cases discussed in detail, often critically but always pinpointing the most relevant parts of judgments for readers.
* View Detailed Table of Contents
Preface
Table of Cases
Table of Statutes
1. What does Specific Performance Mean?
2. Requirements for the Making of an Order of Specific Performance
3. Examples of Contracts where Orders for Specific Performance Refused
4. The Doctrine of Part Performance
5. Specific Performance and Common Law Damages as Alternative Remedies
6. The Defence of “Hardship”
Index
What is the role of contract law in remedying a breach? The question of the appropriate legal remedy – specific performance, as opposed to damages – has been the subject of academic debate over the years.
Ong’s text contributes to the debate by closely examining a number of leading contract cases dealing with such issues as: the requirements for making an order of specific performance; cases were the remedy of specific performance was not granted and the doctrine of part performance and “hardship”.
Ong’s contribution to the debate draws upon careful analysis of the case law and he poses a number of conundrums for the reader to consider. Ong’s volume is detailed and thought-provoking. Read full review…
Jane Grace, Ethos (ACT Law Society) June 2014
… an in-depth and insightful analysis of the principles arising from the leading Australian and UK decisions in this area. Helpfully, the text extracts the key passages from those decisions. Professor Ong also sets out his own views – which are sometimes critical, but always considered – of the reasoning in those authorities.
It would be a welcome addition to any chambers’ library. Read full review..
Dan Butler, Hearsay, March 2014
Ong on Specific Performance is written in a lively way, but also in a clear, accessible style. … Professor Ong has produced a useful, concise yet comprehensive survey of this important remedy. Read full review…
Jeremy Stoljar SC, Bar News, Summer 2013-14
This latest publication by Professor Denis Ong of Bond University undertakes an analysis of the variety of issues which arise in actions for specific performance. Given Professor Ong’s learned writings in the area of trusts, equitable remedies, estoppels and Romalpa clauses a consideration of the correlative issues involved in specific performance is a natural progression. Although the work is brief, containing only 192 pages, it covers in detail the variety of issues that arise when specific performance is sought including those associated with establishing the inadequacy of common law damages, the readiness and ability of the plaintiff to perform the essential obligations of the contract and the requirement of mutuality of performance between the parties. The work also considers the relationship with the relief of Part Performance and deals in detail with that doctrine.
Queensland Law Reporter – 26 July 2013 – [2013] 29 QLR
