Brian entered into a contract with Jenna to sell her one of his many empty blocks of land around Melbourne. On the settlement date Jenna told Brian that she would not proceed with the sale, which is a breach of contract. Brian really wants to make Jenna proceed with the sale because he is worried issues with the land may be revealed in a Government survey being conducted over the next three years. However, Brian is currently suing his ex-wife and doesn't want to take on two court cases at the same time. His current proceedings will likely take two years as Brian is obstinate and will not settle. Choose the best advice for Brian.
A. Brian should lodge his claim and pursue it promptly if he wants to obtain specific performance of the contract. Delaying until his other case finishes may mean he is equitably barred from receiving a remedy for the breach of contract.
B. Brian has six years before the limitation legislation bars his claim in contract: Limitation of Actions Act 1958 (Vic) s 5. Therefore, he has six years to obtain specific performance of the contract because damages is generally consider an inadequate remedy.