ABSTRACT

Beswick v Beswick [1968] AC 58, p 96 Lord Upjohn: But surely on a number of grounds this is a case for specific performance. First, here is the sale of a business for full consideration wholly executed on A’s part who has put C into possession of all the assets. C is repudiating the obligations to be performed by him. To such a case, the words of Kay J in Hart v Hart are particularly appropriate: ‘... when an agreement for valuable consideration between two parties has been partially performed, the court ought to do its utmost to carry out that agreement by a decree for specific performance.’