The traditional position that each parcel of land is unique, such that specific performance of contracts for the sale of land will be granted as a matter of course, should be maintained in English law. Ditching the established position in favour of the Canadian approach would only generate uncertainty, litigation, and a revision of key property rules that would have unclear consequences. As regards residential purchases, the chosen property will invariably be considered to be unique anyway: purchasers spend a long time choosing one particular property over another for reasons that should be respected. And the same reasoning should apply, albeit in attenuated form, as regards commercial property: specific performance should generally be granted …
Paul S Davies, ‘Being specific about specific performance’, 2018 Conveyancer and Property Lawyer 324.