ABSTRACT

Specific performance of contracts for the sale of land is regarded as the usual remedy on the ground that each parcel of land is regarded as unique. Accordingly, since a unique parcel cannot be replaced, it has no obvious market value, so that damages could be regarded as an inadequate remedy. Of course, the label of ‘uniqueness’ is a pure fiction, because the remedy is still available to the purchaser who intends to re-sell immediately and places no subjective value on the land.