Publication Year


ISBN: 9781552213308-11


Specific Performance

Discretionary Defences

From: Law of Equitable Remedies, 2/e


Discusses specific performance and discretionary defences, focusing on issues relating to contract formation and enforcement, issues relating to the plaintiff’s conduct, unfairness and hardship, impossibility and futility, as well as the notion of election.



Jeffrey Berryman

Jeffrey Berryman, LL.B., M.Jur., LL.M., is Professor of Law at the Faculty of Law, University of Windsor, where he teaches remedies, restitution, and contract law. He also holds a chair in law at the Faculty of Law, University of Auckland (fractional appointment), where he teaches in the graduate program. A member of both the Law Society of Upper Canada and a barrister and solicitor of the High Court of New Zealand, he is the coordinating editor and a contributor to the only Canadian casebook on remedies, Remedies: Cases and Materials (Emond Montgomery, 2012), now in its sixth edition, and has written extensively on remedies both in Canada and internationally.