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Trust law. v. t. e. Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. [ 1] It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate ...
English tort law. In English tort law, there can be no liability in negligence unless the claimant establishes both that they were owed a duty of care by the defendant, and that there has been a breach of that duty. The defendant is in breach of duty towards the claimant if their conduct fell short of the standard expected under the circumstances.
Caveat emptor ( / ˈɛmptɔːr /; from caveat, "may he/she beware", a subjunctive form of cavēre, "to beware" + ēmptor, "buyer") is Latin for "Let the buyer beware". [ 1] It has become a proverb in English. Generally, caveat emptor is the contract law principle that controls the sale of real property after the date of closing, but may also ...
Self-help, in the context of a legal doctrine, refers to individuals exercising their rights without resorting to legal writs or consulting higher authorities. This occurs, for example, when a financial institution repossesses a car on which it holds both the title and a defaulted note. Individuals may resort to self-help when they retrieve ...
The theory of efficient breach seeks to explain the common law 's preference for expectation damages for breach of contract, as distinguished from specific performance, reliance damages, or punitive damages. According to Black's Law Dictionary, efficient breach theory is "the view that a party should be allowed to breach a contract and pay ...
Property law. Constructive eviction is a circumstance where a tenant's use of the property is so significantly impeded by actions under the landlord 's authority that the tenant has no alternative but to vacate the premises. [ 1] The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable.
English tort law. Occupiers' liability is a field of tort law, codified in statute, which concerns the duty of care owed by those who occupy real property, through ownership or lease, to people who visit or trespass. It deals with liability that may arise from accidents caused by the defective or dangerous condition of the premises.
Latent defect. In the law of the sale of property (both real estate and personal property or chattels) a latent defect is a fault in the property that could not have been discovered by a reasonably thorough inspection before the sale. In relation to a construction contract, a latent defect is a fault in the property or its underlying site which ...
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