Patel v Ali

Patel v Ali
Court	High Court
Citation(s)	[1985] Ch 283
Case opinions
Goulding J
Keywords
Remedies, specific performance

Patel v Ali [1985] Ch 283 is an English contract law case, concerning the possibility of claiming specific performance of a promise after breach of contract.

Facts

A vendor of a house became disabled after the sale. If she went through with the sale she would have lost the house. The buyer of the house demanded specific performance to convey the property.

Judgment

Goulding J refused to grant specific performance, and granted only damages. As a discretionary, equitable remedy, specific performance was refused on the ground that considerable hardship would be caused.

Remedies cases

Robinson v Harman (1848) 1 Exch 850

Peevyhouse v. Garland Coal & Mining Co., 382 P 2d 109 (1962)

Ruxley Electronics Ltd v Forsyth [1995] UKHL 8

Anglia Television Ltd v Reed [1972] 1 QB 60

Chaplin v Hicks [1911] 2 KB 786

Jarvis v Swans Tours Ltd [1972] EWCA Civ 8

Farley v Skinner [2001] UKHL 49

Hadley v Baxendale [1854] EWHC Exch J70

The Achilleas [2008] UKHL 48

British Westinghouse Ltd v Underground Ltd [1912] AC 673

Banco de Portugal v Waterlow [1932] UKHL 1

Saamco v York Montague Ltd [1996] UKHL 10

Sky Petroleum v VIP Petroleum [1974] 1 WLR 576

Patel v Ali [1985] Ch 283

Cooperative Insurance Ltd v Argyll Ltd [1997] UKHL 17

Attorney General v Blake [2000] UKHL 45

Wrotham Park Ltd v Parkside Homes Ltd [1974] 1 WLR 798

Surrey CC v Bredero Homes Ltd [1993] EWCA Civ 7

Rowland v Divall [1923] 2 KB 500

Dies v British Mining and Finance Corp Ltd [1939] 1 KB 724

see Remedies in English law

English contract law
Warren v Mendy [1989] 1 WLR 853
Sky Petroleum v VIP Petroleum [1974] 1 WLR 576
Restatement (Second) of Contracts 1979 §364

Notes

References

External links

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