Property And Contract Law

PERCY v . DARBY2007Since the breach of the produce entered into as regards the barter of Darby s second-hand summerhouse to Darby and its installation in Percy s backyard has been admitted , the only issue that remains to be resolved is which between specific operation and damages is the graceful salvage Based on the facts of the end , the proper remedy is specific performanceFirst , the contract entered into between Percy and Darby is a contract for sale of a specific thing . The object of the sale was a particular br gazebo that was hand-crafted by Darby and was elect for the specific reason that it is well suited to Percy s hilly backyard . The gazebo already existed at the time the contract was perfected , thus enabling the party to point at it particularly as the object of the saleAs held in several cases , specific performance is unattached when the contract involves property which is unique or possesses especial(a) rank i .e , pretium affectionis (Severson v . Elveron Elevator , 1977 . The gazebo in this case has such special value to Percy due to it handcrafted design and special suitability to his backyard . These atomic number 18 some of the considerations that impelled Percy to buy the gazebo . The value of the gazebo is bolstered by the fact that he tar communicate find no comparable handmade gazebos available . At best , all he can find are mass manufactured gazebos which come with detailed installation book of instructions However , being mass manufactured , the specifications of such gazebos ordain non be fit to the special condition of Percy s backyard and bequeath not contain the handmade details that made Darby s gazebo uniqueDue to this uniqueness and value , an award of damages will not be adequate to compensate Percy for the injury he has suffered by virtue of Darby s breach of their contract . As proved by the facts , there is no possible replacement for the gazebo in the first place bought .

It is also to be noted that Percy attempted to find separate means to have the gazebo hauled from Darby s premises and installed in his backyard , except all his efforts were fruitless , thus giving rise for the sine qua non for Darby to do the installation as an incident to the contract of saleNeither is there undue hardship that may result nor is the effective performance of the contract impossible (Yonan v . Oak Park , 1975 distinguish Restatement (Second ) of Contracts , 366 . The moving and installation of the gazebo will only take away one day . It will not take very much time from Darby s law study to perform his obligation which he voluntary assumed under the contract in dubiety . The fact that he went bankrupt and is not in the pipeline of building and installing gazebos anymore is of minimal importance . The contract was perfected before he went bankrupt His obligation thereof arose before he went bankrupt . Moreover , as discussed in a higher place , there is no showing that the bankruptcy will maintain him from performing because the gazebo was already made , and it...If you want to get a full essay, order it on our website: Ordercustompaper.com

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