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Specific performance and unascertained goods : A special case or not?

Andrew Tettenborn Orcid Logo

Journal of Business Law, Volume: 2025, Issue: 5, Pages: 399 - 409

Swansea University Author: Andrew Tettenborn Orcid Logo

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Abstract

Recent authorities have suggested that a fundamental distinction is drawn between specific and ascertained goods on the one hand, and unascertained goods on the other, as regards the availability of specific performance. This article suggests that the distinction is illogical, misguided and unsuppor...

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Published in: Journal of Business Law
ISSN: 0021-9460
Published: Sweet & Maxwell (Thompson Reuters) 2025
Online Access: Check full text

URI: https://cronfa.swan.ac.uk/Record/cronfa66507
Abstract: Recent authorities have suggested that a fundamental distinction is drawn between specific and ascertained goods on the one hand, and unascertained goods on the other, as regards the availability of specific performance. This article suggests that the distinction is illogical, misguided and unsupported by respectable authority.
College: Faculty of Humanities and Social Sciences
Issue: 5
Start Page: 399
End Page: 409