Specific Performance

A Specific Performance is an equitable remedy that can be used to enforce contracts by requiring a party to fulfill their contractual obligations.

• Context:
  • It can be ordered by a court when monetary damages are deemed inadequate to compensate for the breach of contract.
  • It can be typically sought in cases involving unique items, such as real estate or rare goods, where substitutes are not readily available.
  • It can be granted at the discretion of the court, based on specific criteria and circumstances of each case.
  • It can be subject to certain conditions, including the existence of a valid contract, inadequacy of damages, feasibility of performance, and mutuality of obligation.
  • It can be limited or unavailable in certain situations, such as contracts for personal services or when it would cause severe hardship to the defendant.
  • It can be an alternative to other legal remedies like damages, rescission, or restitution, offering a more direct approach to addressing contract breaches.
  • ...
• Example(s):
  • Real estate contracts, where a buyer can seek specific performance to compel the seller to transfer the property as agreed.
  • Unique goods contracts, such as commissioning a custom-made car, where the buyer can demand the seller to produce and deliver the specific item.
  • Confidentiality agreements, where specific performance may be used to enforce non-disclosure obligations.
  • ...
• Counter-Example(s):
  • Employment contracts, which typically do not allow for specific performance due to the personal nature of services.
  • Standard Goods Contracts, where monetary damages are usually considered adequate compensation for a breach.
• See: Legal Domain-Specific Organizational Performance Measure, Contract Law, Injunction, Damages (Legal Remedy).

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References

2024

• (ChatGPT-OpenAI, 2024) ⇒ Prompt: Summarize the concept Specific Performance (Equitable Remedy) in 1- 2 paragraphs. ChatGPT (model:gpt-4o). Retrieved: 2024-12-01.
  • QUOTE: Specific performance is an equitable remedy in contract law where a court orders a party to fulfill their obligations as outlined in a contract, rather than just paying damages for failing to fulfill those obligations. This remedy is typically sought when monetary compensation is inadequate to resolve the breach of contract, often due to the unique nature of the subject matter involved, such as in real estate transactions, rare goods, or special services. Since each piece of real estate is considered unique, courts are more likely to grant specific performance in real estate contracts to ensure the buyer obtains the exact property that was agreed upon.

    The remedy of specific performance is granted at the court's discretion and is not available for every contractual breach. courts will consider several factors before ordering specific performance, such as the clarity of the contract terms, the feasibility of enforcement, and the conduct of both parties. This remedy may not be granted if it would cause undue hardship to the breaching party, if the contract was unfair, or if specific performance would require constant supervision by the court. Additionally, courts generally do not grant specific performance for personal service contracts, valuing the principle of personal autonomy over forcing individuals to perform specific work. Overall, specific performance is a powerful tool that aims to provide a fair outcome when monetary remedies fall short.

2024b

• (South Bank Legal, 2024) ⇒ South Bank Legal. (2024). "What is specific performance in contract law?". In: South Bank Legal.

2024c

• (Strauss, 2024) ⇒ Avi Strauss. (2024). "The Right to Sue for Specific Performance". In: Smith Buss & Jacobs LLP.

2009

• (Westlaw, 2009) ⇒ Westlaw. (2009). "Specific Performance". In: Practical Law.