What is the test for damages for breach of contract for the purchase and sale of real estate?

New Brunswick, Canada


The following excerpt is from Cross Creek Timber Traders v. St. John Terminals, 2002 NBQB 79 (CanLII):

It is relevant to note that in Semelhago v. Paramadevan, Justice Sopinka writes at ¶ 20: While at one time the common law regarded every piece of real estate to be unique, with the progress of modern real estate development this is no longer the case. Both [Page 65] residential, business and industrial properties are mass produced much in the same way as other consumer products. If a deal falls through for one property, another is frequently, though not always, readily available. It is no longer appropriate, therefore, to maintain a distinction in the approach to specific performance as between realty and personalty. It cannot be assumed that damages for breach of contract for the purchase and sale of real estate will be an inadequate remedy in all cases. [My emphasis.]

Other Questions


Can a jury determine damages for breach of contract? (New Brunswick, Canada)
In what circumstances will the Supreme Court of Canada strike down a contract where the contract states that the contract does not contain a clause requiring full payment? (New Brunswick, Canada)
What are the alternative pleas in a claim for breach of contract, negligence and breach of fiduciary duties arising out of a solicitor-client relationship? (New Brunswick, Canada)
What is the test for estimating damages for breach of contract? (New Brunswick, Canada)
What is the test of intention, justification and the defence of justification in the context of a breach of contract? (New Brunswick, Canada)
What are the damages for breach of fiduciary duty? (New Brunswick, Canada)
Can a general contractor be sued for negligence or breach of contract by a subcontractor who works on the construction of a house? (New Brunswick, Canada)
Can a contract be set aside if one party is mistaken about the term of the contract? (New Brunswick, Canada)
What is the test for a breach of contract? (New Brunswick, Canada)
What is the test for damages for failing to provide adequate notice of dismissal? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.