Specific performance lawphil
WebJul 24, 2024 · Specific Performance: Exact fulfillment in the event of nonpayment by the customer General Principle: If exercised, the unpaid seller is no longer free to choose from additional remedies; With one exception: rescission may be pursued if, after deciding, it has become impossible. Rescission: Cancel the sale if the buyer misses two or more payments. Web1. Specific Performance: Exact fulfillment should the buyer fail to pay General Rule: If availed of, the unpaid seller cannot anymore choose other remedies; Exception: if after choosing, it has become impossible, rescission may be pursued 2. Rescission: Cancel the sale if buyer fails to pay 2 or more installments Deemed chosen when: a.
Specific performance lawphil
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WebOct 7, 2024 · 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. … Specific performance is commonly used in the form of injunctive relief concerning confidential information or real property. Weba. The principal of Pl00,000.00, less whatever was paid per evidence to be presented, if any; b. Attorney's fees of 25% of principal, plus interest or P 52,000.00; c. Interests of 12% per annum = P 108,000.00 for nine (9) years which Is provided in Annex "B" and is part of the principal = P 1 00,000.00 + P 108,000.00; d.
Web1. Dismissing the complaint, as plaintiffs have still to pay the defendant the sum of ₱54,200.00 as interest to be able to sue for specific performance; 2. The writ of preliminary injunction is hereby declared permanent; 3. Defendant to pay plaintiffs attorney s fees in the amount of ₱30,000.00; and 4. Defendant to pay the costs of suit. http://chiefs.lawphil.net/judjuris/juri1989/dec1989/gr_85847_1989.html
WebSep 24, 2024 · Specific performance is a legal remedy that binds the parties of a contract to the terms of the contract. Specific performance asserts that parties to a contract are to … WebMar 7, 2024 · In granting specific performance, the court looks to determine if justice will be done in granting that remedy instead of awarding the plaintiff monetary damages. In …
WebIt is, in essence, a demand for specific performance, as a consequence of a contract of loan between the parties in the sum of: "a. The principal of P100,000.00, less whatever was …
WebFeb 20, 2024 · (1) To deliver a thing which is of the quality intended by the parties taking into consideration the purpose of the obligation and other circumstances; and (2) To be liable for damages in case of fraud, negligence, or delay, in the performance of his obligation, or contravention of the tenor thereof. Illustration: ounce to mlsWebThere is no law in this jurisdiction whereby the purchaser at a sheriffs sale of real property is obliged to bring a separate and independent suit for possession after the one-year period for redemption has expired and after he has obtained the sheriffs final certificate of sale. rod stewart who\u0027ll stop the rainhttp://chiefs.lawphil.net/judjuris/juri2000/oct2000/gr_137557_2000.html rod stewart young turks letrasWebSep 26, 2024 · Specific performance is an equitable remedy developed in common law to compensate a contractual party when the award of damages may be inadequate. Just like … ounce to pdWebJan 18, 2024 · The injunction definition in law is a legal remedy imposed by the court in civil proceedings. In simpler terms, the injunction definition is when one of the parties to a certain action must... rod stewart young turks liveWebSpecific performance A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow … ounce to pennyweightWebJul 25, 2024 · In specific performance suits there are no fixed criteria i.e. where to implead a person as a necessary/proper party. It all depends on the circumstances of the case and the reasonable discretion of the court. rod stewart you go to my head