Question 1
Samy agreed to sell to Brian his property at the Salient Condominium. Samy and Brian made a written agreement for the sale, and Brian paid a 10% deposit to Samy. Brian started sourcing for a bank to finance his purchase. In the meantime, the market prices of units at the Salient Condominium shot up unexpectedly. Samy refused to go through with the sale to Brian. Brian sued Samy.
- Samy has obviously breached his agreement for sale with Brian. What would be a sufficient remedy for Brian?
- The difference in the price of another unit in the same condominium and the contracted price of Samy’ unit.
- An order for an injunction to stop Samy from selling his unit to someone else.
- An order for specific performance to order Samy to complete the sale of his unit to Brian.
- Anyone of the above 3 options.
- Please give a brief explanation as to why damages would not be a sufficient remedy for Brian.
- If Brian is unable to go through with the purchase of the unit, but Samy wants to hold him to the contract, what would be a suitable remedy that Samy can ask for?
- The difference in the price that he sells it to another party, and the contracted price with Brian.
- An order for an injunction to stop Brian from breaching the contract.
- An order for specific performance to force Brian to complete the purchase of his unit from Samy.
- None of the above 3 options.
- Please give a brief explanation as to why damages would be a sufficient remedy for Samy.
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