What is the current state of the law on compensation for a vendor who is unable to perform all its parts in all its substance?
Saskatchewan, Canada
The following excerpt is from Gutschenritter v. Ball, 1924 CanLII 71 (SK CA):
The general rule laid clown on the subject of compensation is that where the vendor is able to perform the contract in its substance, but is unable to perform it literally in all its parts, he may yet sue the purchaser for its specific performance; but, on the other hand, when a vendor has not substantially all he has contracted to sell, he cannot sue for specific performance, although the purchaser may generally insist on taking all the vendor has (Rutherford v. Acton-Adams [1915] A.C. 866, 84 L.J.P.C. 238, Lord Haldane, at p. 243).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a vendor's lien waived by the fact that the vendor is suing the vendor for unpaid purchase money? (Saskatchewan, Canada)
Is a vendor required to make title of a vendor in a specific performance action? (Saskatchewan, Canada)
What is the current state of the law in the United States on the authority of a teacher to inflict severe punishment on a minor? (Saskatchewan, Canada)
Is a lien against a vendor waived by the fact that the vendor is suing the vendor for unpaid purchase money? (Saskatchewan, Canada)
What is the current state of the law in the United States with respect to the privacy rights of internet subscribers? (Saskatchewan, Canada)
What is the current state of the law on full disclosure and informed consent? (Saskatchewan, Canada)
What is the current state of the case law regarding long-term support for a young woman with mental health issues? (Saskatchewan, Canada)
What is the current state of the law on third party procedure in King’s Bench? (Saskatchewan, Canada)
When a vendor contracts to sell to a purchaser an agreement for a lease and the purchaser subsequently repudiates the contract, can the vendor continue to exercise its right to exercise that right? (Saskatchewan, Canada)
Can an ex parte application for an interim order be granted on an ex-parte motion? (Saskatchewan, Canada)
