Patel v. Ali
England and Wales High Court of Justice, Chancery Division
[1984] Ch. 283 (1984)
- Written by Josh Lee, JD
Facts
Mrs. Ali (defendant) and her husband entered into a contract to sell their home to Mr. and Mrs. Patel (plaintiffs). The contract was agreed to in July 1979 and was intended to be closed the following month. However, the sale did not close for more than four years. Mrs. Ali’s husband had returned to Pakistan, which caused a delay in service of process, and the bankruptcy trustee had claimed an interest in Mr. Ali’s interest in the home. When the contract was made, Mrs. Ali was 23 years old, spoke very little English, believed she was in good health, and had one young child. During those four years, Mrs. Ali was diagnosed with bone cancer, had her right leg amputated at the hip joint, gave birth to her second child, experienced her husband going to prison for about a year, and gave birth to her third child. As a result, Mrs. Ali relied on her neighbors for help, including her sister who lived nearby. The Patels sued Mrs. Ali and her husband and requested specific performance of the sales contract. Mrs. Ali argued that specific performance should not be granted due to hardship and because the Patels will receive an adequate legal remedy.
Rule of Law
Issue
Holding and Reasoning (Goulding, J.)
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