Leggett v Crowley [2020] IECA 3 (22 January 2020)

Leggett v Crowley [2020] IECA 3 (22 January 2020)

Specific performance was appropriate as the appellant entered into the contract willingly, hardship was not established, and the boundary dispute did not render performance impossible. Damages in lieu were not justified due to lack of evidence of appellant's ability to pay and the respondent's entitlement to the bargained-for property.

Citation
[2020] IECA 3
Parties
Plaintiff/respondent: Brian Leggett; Defendant/appellant: Gavin Crowley
Jurisdiction
Ireland
Judgment Date
22 January 2020
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Specific Performance, Hardship, Boundary Dispute, Damages in Lieu, Sale of Land
Property Law Contract Law Equity Specific Performance Hardship Boundary Dispute Damages in Lieu Sale of Land

Case Brief

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Parties

Brian Leggett

Plaintiff/respondent

Gavin Crowley

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether specific performance of the contract for sale of land should be ordered despite alleged hardship and boundary dispute
  2. 2 Whether damages should be awarded in lieu of specific performance

Ratio Decidendi

Specific performance was appropriate as the appellant entered into the contract willingly, hardship was not established, and the boundary dispute did not render performance impossible. Damages in lieu were not justified due to lack of evidence of appellant's ability to pay and the respondent's entitlement to the bargained-for property.

Court Disposition

appeal dismissed

Orders

  • affirmation of High Court order for specific performance of contract for sale of property