What is the appropriate remedy for a breach of contract for the disposition of land?
British Columbia, Canada
The following excerpt is from Le Soleil Hotel & Suites Ltd. v. Le Soleil Management Inc., 2009 BCSC 1303 (CanLII):
The appropriate remedy for breach of a contract for the disposition of land may be an order for damages or specific performance. The purpose of contract damages is to give the innocent party the benefit of the lost bargain. Accordingly, specific performance is the preferred remedy where the property in question is unique and, therefore, damages would not provide an adequate substitute: Semelhago v. Paramadevan, 1996 CanLII 209 (SCC), [1996] 2 S.C.R. 415.
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