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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?

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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.

All 10 questions in Chapter 9General principles of law: legal systems and sources of law MCQs with answers

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