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by nsomaru
841 days ago
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Not sure about English law but in Roman law (and derived systems as in South Africa) the emphasis is on specific performance as a first resort — the court will seek to implement the intention of the parties embodied in the contract as far as possible. Cancellation is a last resort. |
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This is actually American law, neither English nor Roman. While it is derived from English common law, it has an even stronger bias against specific performance (and in fact bright-line prohibits some which would be allowed in the earlier law from which it evolved, because of the Constitutional prohibition on involuntary servitude.)