Define: Specific Performance

Specific performance is a legal remedy where a court orders a party to fulfill their contractual obligations as agreed upon in a contract. It is typically used when monetary damages are not sufficient to compensate the injured party.

Specific performance can be granted when the subject matter of the contract is unique or rare, such as in cases involving real estate, artwork, or specific goods. It may also be granted when monetary damages would not adequately compensate the injured party.

To obtain specific performance, the injured party must demonstrate that there is a valid and enforceable contract, that they have performed their obligations under the contract, that the other party has breached the contract, and that specific performance is an appropriate remedy.

Specific performance is generally not granted for personal service contracts, as it would be impractical to force someone to perform personal services against their will. However, there may be exceptions in certain circumstances.

Specific performance can be granted for the sale of goods, but it is not as common as in other types of contracts. The court will consider factors such as the availability of similar goods, the difficulty in determining damages, and the feasibility of enforcing specific performance.

If the party ordered to perform does not comply with the court’s order, they may be held in contempt of court and face penalties such as fines or imprisonment. The injured party may also seek additional legal remedies, such as monetary damages.

Specific performance is often granted for contracts involving the sale of real estate, as each property is considered unique. However, the court will consider various factors, such as the availability of similar properties and the feasibility of enforcing specific performance.

Specific performance is generally not granted for contracts involving the sale of intellectual property, as it is difficult to force someone to create or transfer intellectual property against their will. However, there may be exceptions in certain circumstances.

Specific performance is rarely granted for contracts involving the sale of a business, as it is complex and involves various intangible assets. Courts typically prefer to award monetary damages in such cases.

Specific performance is generally not granted for contracts involving the provision of services, as it would be impractical to force someone to perform services against their will. However, there may be exceptions in certain circumstances, such as when the services are unique or irreplaceable.