Felard Invs. Ltd. v Church of Our Lady [1979] JLR 19 (01 February 1979)
- Citation
- [1979] JLR 19
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Final Judgment
More details
- Posture
- Civil / Final Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court refused to order specific performance of the agreement to extinguish the restrictive covenant, holding that such relief was not appropriate in the circumstances.
Court disposition
specific performance refused
02
Material facts
Parties
Felard Investments Ltd.
ApplicantChurch of Our Lady
Respondent03
Procedural history
Posture
Civil / Final Judgment
04
Questions and positions
Legal issues
Whether specific performance should be ordered for an agreement to extinguish a restrictive covenant affecting land
Party arguments
- Applicant
- Applicant sought specific performance of an agreement to extinguish a restrictive covenant affecting land.
- Respondent
- Respondent opposed specific performance, likely arguing against enforceability or appropriateness of such relief.
05
Court’s reasoning
Legal principles
- 01
Jersey contract law principles
Specific performance is not ordinarily granted for agreements to extinguish restrictive covenants affecting land.
06
Ratio, limits and disposition
Ratio decidendi
The court refused to order specific performance of the agreement to extinguish the restrictive covenant, holding that such relief was not appropriate in the circumstances.
Court disposition
specific performance refused
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
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