Define: Order Of Specific Performance

An order of specific performance is a legal remedy issued by a court requiring a party to fulfil its contractual obligations according to the terms of a valid contract. This remedy is typically sought when monetary damages are inadequate to compensate for a breach of contract, particularly in cases involving unique or irreplaceable goods or services. Specific performance compels the breaching party to perform the specific acts promised in the contract, such as transferring property, delivering goods, or completing a service. Courts may grant orders of specific performance when the subject matter of the contract is sufficiently definite, the terms are fair and equitable, and enforcement is feasible and practical. This remedy aims to ensure that parties receive the benefits of their bargain and that contractual obligations are upheld as agreed upon by the parties involved.

Specific performance is a court order requiring that a party in breach of contract perform his positive obligations under the contract. Specific performance will only be granted where damages would not be an adequate remedy (Adderley v Dixon 1824) and is more likely to be awarded where the property is unique. In contracts for the sale of goods, specific performance may be ordered if the property is of unusual beauty, rarity or distinction and cannot be bought on the open market (Falcke v Gray 1859).

In contracts for services, the legal test for whether specific performance is available is whether the losses could be quantified if the service was not provided. Contracts of employment cannot be enforced by specific performance per section 236 Trade Union and Labour Relations (Consolidation) Act 1992. In relation to other contracts for services, specific performance may be refused if constant performance would be required, if enforcing the contract would amount to slavery or it would lead to imperfections in performance.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.