In their Transactional Real Estate column, Mitchell L. Berg and Peter E. Fisch, partners at Paul, Weiss, Rifkind, Wharton & Garrison, write that most courts apply a "business judgment" test to a ...
Although specific performance is an important remedy in real estate transactions, it is a remedy disfavored by the courts. In their Transactional Real Estate column Peter E. Fisch and Salvatore ...
In two recent cases, the Ontario Superior Court of Justice (Court) endorsed a shift away from the view of specific performance as an “extraordinary” remedy in the context of commercial real estate ...
When loosed in its angry might. P. Cary, "The Leak in the Dike" (1873) The concept of mitigation, in essence, is that a plaintiff cannot sit idly by, watching damages escalate if reasonable steps can ...
A recent Colorado Court of Appeals decision arising out of a business investment contract gone awry contains a lengthy (100-plus page) discussion about “specific performance.” This is a remedy that ...
Mark Pawlowski examines the principles determining the grant of specific relief to a landlord against a tenant in breach of a covenant to repair Interestingly, the deputy judge in Rainbow examined ...
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