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A History of Private Law in Scotland: Volume 2: Obligations$
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Kenneth Reid and Reinhard Zimmermann

Print publication date: 2000

Print ISBN-13: 9780198299288

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198299288.001.0001

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Specific Implement

Specific Implement

Chapter:
(p.195) 8 Specific Implement
Source:
A History of Private Law in Scotland: Volume 2: Obligations
Author(s):

SMITH ALASTAIR

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198299288.003.0008

The specific implementation of contract law provides the means where two conflicting parties can forward their arguments or principles. For the aggrieved party, they can contest for the awarding of the performance that is due while for the other, the considerations of policy or fairness may or should withhold the awarding of a remedy to the aggrieved party. This chapter traces the general principle of specific implementation from the brieve system and the church courts’ willingness to enforce a sworn undertaking, through two collections of practices and the institutional writings that determine when the court introduced the importance of discretion as part of its inherent jurisdiction during the late 19th century.

Keywords:   contract law, remedy, specific implement, discretion, jurisdiction, 19th century

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