The Emergence of Specific Performance as a Major Remedy in Quebec Law
Revue du Barreau, Vol. 47, No. 1, pp. 47-72, 1987
13 Pages Posted: 13 Feb 2012
Date Written: 1987
Abstract
In this article, the author examines Specific Performance as a remedy for the breach of contractual obligations in Quebec law and applauds recent jurisprudential developments that have applied it as a principal recourse for creditors seeking to enforce even positive contractual obligations to do. These emerging jurisprudential trends are examined in light of historical and comparative perspectives, including the influence of the Common Law in this area, as well as in light of underlying contract theory and traditional arguments often asserted against the remedy.
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