In contract law, specific performance is an equitable remedy in which a court order requires one party to perform a specific act in order to complete performance of the contract.
Orders for specific performance come about after two parties have contracted with one another but one party has failed or refuses to perform as agreed in the contract.
Specific performance is only ordered when money damages are an insufficient remedy for the party’s failure to perform a contract. Thus, specific performance orders are usually for unique items such as real estate, antiques, heirlooms and artworks.
Even though real estate can be a unique item, land sale transactions are frequently compensated through money damages. Physical tasks such as a massage or common home renovations are rarely ordered as it would be too difficult for the court to oversee and can be easily compensated through money damages.
The following is a list of things you need to show the court in order to be successful in a specific performance order.
Yes. The most common defense is showing that one or more of the above elements was not met by the party seeking specific performance. Additionally, affirmative defenses are available against specific performance such as:
Enforcing a contract and specific performance as a remedy can be complicated to prove. A local business lawyer can help you and evaluate the merits of your claim and the possibility of specific performance. They can also file your claim and represent you in court. You should consider consulting a lawyer in deciding how to proceed when a contract fails to be performed.
Last Modified: 06-24-2018 06:15 PM PDTLaw Library Disclaimer
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