Ontario Solicitor Bar Practice Exam

The legal action that W can take to compel the seller to honor the contract is specific performance if the land is considered unique. In contract law, specific performance is an equitable remedy that compels a party to fulfill their obligations under a contract when monetary damages would be inadequate. Real estate is often deemed unique due to its inherent characteristics and the lack of available substitutes.

In this context, if the seller has breached the contract by not transferring the property as agreed, W could argue that the specific parcel of land has unique qualities that cannot be easily replicated or obtained elsewhere. Therefore, simply providing monetary compensation may not suffice to remedy the situation. By seeking specific performance, W would request the court to enforce the contract and require the seller to proceed with the sale, thus upholding the original agreement.

The other options do not provide a direct legal recourse for compelling the seller to honor the contract in the same manner. Negotiating better financing might improve W's ability to purchase, but it does not enforce the current contract. Escalating to arbitration is a method for resolving disputes but typically occurs after a breach has been established, and it may not guarantee that the seller will perform as required. Withdrawal of the offer is an option when a party wants to terminate