Amazon - Lost Parcel, won't supply the item again.

[CLL1]

Re: Amazon - Lost Parcel, won't supply the item again.

"there will be claims for losses including expectation loss where the remedy of specific performance is not obtainable."

WHAT I SAID.

Equity follows the law.

[Openlaw15]

Re: Amazon - Lost Parcel, won't supply the item again.

"equity does what the law cannot" = "equity follows the law". Goodness me.

Specific performance will not be ordered where damages would be an equitable remedy. In nearly every case involving the sale of goods, it is considered sufficient to give the disappointed buyer money to buy replacement goods. He will not obtain the actual goods that are the subject-matter of the contract unless they are unique and could not be acquired elsewhere - for example, a special painting, such as the Mona Lisa. As real property (a house or land) is generally regarded in law as unique, this could therefore be a suitable remedy.

Au contraire, am saying damages is the only remedy where specific performance cannot be obtained. Hang on a minute, define what you mean by 'equity follows the law'...i was contemplating property law wherein a legal interest automatically creates a beneficial interest In equity). Equity runs right across the spectrum whether that be family law, property, contract...equity knows no bounds. So, yep am not quite sure what you meant as it could be inferred that you're saying equity is subordinate or subservient to law.

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"there will be claims for losses including expectation loss where the remedy of specific performance is not obtainable."

WHAT I SAID.

Equity follows the law.

Ahh, I understand the context you used it now.

[CLL1]

Re: Amazon - Lost Parcel, won't supply the item again.

It's an equitable maxim (quite famously so).

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There may be scope for damages I never said specific performance was guaranteed it is the court's discretion as to do so. Where the claimant can be compensated the court will offer damages as a remedy.

The guitar isn't just any old guitar, if it can be replaced by way of damages then the court will prefer the option of compensating the claimant that way. If the guitar is unavailable or unique in some way then court may consider specific performance. Specific performance is not just confined to land or houses.

Specific performance also comes by way of s.52 of the SGA which is of course not an equitable remedy, albeit the courts will probably treat it the same way.

I know, my point is SP isn't available. Use of land/house is an example.

[Openlaw15]

Re: Amazon - Lost Parcel, won't supply the item again.

It's an equitable maxim (quite famously so).

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I know, my point is SP isn't available. Use of land/house is an example.

Well Equity has lots of maxims: for one, 'does not assist a volunteer (no consideration offered), ie affecting gifts of property