CIMA BA4 · Chapter 9 · Question 10 of 10
Under English law, a seller fails to transfer a piece of land as agreed in a contract. The buyer waits two years, without good reason, before asking the court to order specific performance. What is the most likely outcome?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: D) The court may refuse specific performance, because equitable remedies are discretionary and delay defeats equity, but the buyer can still claim damages at common law
Explanation
Specific performance is an equitable remedy, so it is discretionary and governed by the maxims of equity, including 'delay defeats equity': a claimant who delays unreasonably may be refused it, even for a contract for land where it would otherwise normally be granted. Damages for breach of contract are a common law remedy available as of right. The limitation period for a simple contract is six years under the Limitation Act 1980, not two, and fraud is not a requirement for specific performance.
More General principles of law: legal systems and sources of law MCQs
- Q2In a civil case under English law, what is the standard of proof?
- Q3Under English law, which part of a judgment creates a binding precedent for lower courts?
- Q4Which of the following is an example of delegated (secondary) legislation in the UK?
- Q5A judge interprets a statute by looking at what problem the Act was intended to remedy and interpreting it to address that problem. Which…
- Q6Which of the following is an advantage of judicial precedent as a source of law?
