Contract Law

Doughan v Ley (1946) 71 CLR 142

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Facts
  • There was a contract between two parties to transfer the licence for a taxi.
  • The contract was breached and the taxi licence was not transferred.
  • There were hardly any taxi licenses available so the Plaintiff tried to seek specific performance
  • It was argued that damages were sufficient
Held
  • Roper, Rich & Stark J: The idea that chattels are not subject to specific performance have well known exceptions, such as a chattel of special, unique value. The taxi cab fits in this exception.
  • Dixon, McTiernan J: As above, it does not need to be the only one, it just has to be rare
  • The argument that the Court shouldn’t have to supervise it isn’t right as all they have to do is submit something to the Commissioner

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