ABSTRACT

SPECIFIC PERFORMANCE – s 52 OF THE SALE OF GOODS ACT 1979 This is an order of the court directed to the seller to carry out the contract, that is, to deliver the goods, and is available only in restricted circumstances:

the seller’s breach must be breach of a duty to deliver specific or ascertained goods; and

the situation must be one where an award of damages would not be an adequate remedy. This is likely to be the case only where the goods are unique or virtually unique.