Specific Performance is a court order stipulating that a party must fulfill their part of a contract. This order comes about mainly when parties agree to a contract, and one party then refuses to complete or even start his part of the contract.
Specific performance is commonly ordered when unique items are being exchanged such as real estate, antiques, heirlooms, or artwork.
Specific performance is generally a legal tool that courts resort to only after exhausting all other legal possibilities first. Most courts are generally reluctant to issue specific performance for the sale of personal property. Usually money damages equal to the value of the goods are awarded instead. In addition, performance of services such as massages or house paintings are rarely ordered by the court because it is too difficult for the court to oversee the performance.
The elements needed in order to obtain specific performance include:
Specific performance may be denied if any of the elements needed for specific performance are not met. In addition, a breaching party may invoke a number of affirmative defenses against the issuance of specific performance. These defenses include that the:
Last Modified: 03-25-2018 09:53 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.