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<blockquote data-quote="S'mon" data-source="post: 8891291" data-attributes="member: 463">AFAICS my landlady already performed her side of the bargain when she made the property available to me. Maybe she has an obligation to keep the property in good repair. Indeed she's promised to send a handyman round to fix a couple things. If she fails to send the handyman round, I sue, and the court rules that's a breach of contract, they could in theory order the equitable remedy of specific performance. In reality they would award enough damages for me to hire my own handyman.I think maybe the confusion arises because spec per is an 'equitable remedy' for the claimant/plaintiff, not a strict contract legal right, and the court only orders equitable remedies to the claimant if 'legal' rights are inadequate. The normal legal right is damages. But telling the landlady in breach of contract she can't kick me out of the property I'm residing in is technically not a remedy for me, it's her failing in a claim against me.</blockquote>

[QUOTE="S'mon, post: 8891291, member: 463"] AFAICS my landlady already performed her side of the bargain when she made the property available to me. Maybe she has an obligation to keep the property in good repair. Indeed she's promised to send a handyman round to fix a couple things. If she fails to send the handyman round, I sue, and the court rules that's a breach of contract, they could in theory order the equitable remedy of specific performance. In reality they would award enough damages for me to hire my own handyman. I think maybe the confusion arises because spec per is an 'equitable remedy' for the claimant/plaintiff, not a strict contract legal right, and the court only orders equitable remedies to the claimant if 'legal' rights are inadequate. The normal legal right is damages. But telling the landlady in breach of contract she can't kick me out of the property I'm residing in is technically not a remedy for me, it's [B]her failing in a claim against me[/B].[B] [/B] [/QUOTE]

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