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: 11-13-2013 02:57 PM PSTLaw Library Disclaimer
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