Enforcement agent is called the foged in Denmark. A foged is

Similar to the bailiff in common law. He basically fulfils the

Functions of a bailiff. The Danish Code of Procedure 17

Regulates what the foged has to do. This code stipulates that

the foged can convert the plaintiff's claim into money

Damages. So, in reality, most claims for which specific

Performance is granted are converted into money damages.

Part II

Granted are converted into money damages. However, there

are five types of cases in which the plaintiff's claim is not

Converted into money damages and the defendant must

Actually perform his obligations under the contract in

Accordance with the specific performance ordered by the court.

Let me briefly tell you what these five cases are.

First of all, there's the case where objects - such as goods

Which have already been produced - simply need to be handed

Over to the plaintiff. This also includes where a person is to be

Put in possession of real estate.

The second type of case is where goods can be procured from

A third party. The foged can allow for a third party to perform,

and if the breaching party doesn't pay for this, the foged can

Seize his assets.

Third, we have the case when the only act that has to be

performed is a signature on a document. All that's needed is the

signature: in this case, the foged can sign for the defendant.

In the fourth type of case, the act to be performed is the

Transfer of a pledged security. The foged can seize assets from

The breaching party and pass them on to the pledgee.

Finally, we have the fifth case, where the breaching party must

Be restrained from performing certain acts that are harmful to

The other party.

So, generally speaking, the foged will convert a claim of

Specific performance into money, unless the acts which the

Defendant must perform can be performed by a third party, as

in the five specific cases I've just explained to you.

Listening 2 , Part I

Mrs Hayes: As I understand the situation, Mr Anderson, Glaptech

Was to write a software program for you to incorporate into

the website that you're designing for a ferry company?

Mr Anderson: That's right. They were supposed to write a

Program that would allow the visitor to book passage

Online, and I was to insert it into the website and deliver

The product to my customer on May 15th.

Mrs Hayes: Um, did they not deliver on time, or did they deliver

something that didn't work?

Mr Anderson: It was on time, but the program they wrote was

full of unnecessary code. Worse than that, it couldn't book

Tickets from customers with Macs, only PCs, and we were

Really clear in the contract that it had to work for all

Customers using modern home computers.

Mrs Hayes: Well, 'modern home computers' isn't quite as clear

a specification as one might like, but I can't imagine a jury

Not finding that both Macs and PCs fall within that

Definition. By the way, did you draft the contract yourselves

or did you engage an attorney?

Mr Anderson: We did it ourselves.

Mrs Hayes: OK. Were you able to deliver your website on time?

Mr Anderson: Not to the original deadline. The ferry line gave

Date: 2015-12-11; view: 1129