An equitable remedy available for breach of contract. Where the same contract combines unique and ordinary items, the entire contract will be specifically enforced. This price will include a full hour of the solicitor’s time as well as an email or letter to confirm what was discussed in writing. Specific Performance as Remedy | Stimmel Law ... Introduction: As a general rule, specific performance is applied in breach of contract actions where monetary damages are inadequate, primarily where the contract involves land or a unique chattel (personal property). 17.5 Specific performance. Specific performance is one of the options available when monetary compensation is not sufficient to put the plaintiff in the same position as he or she would have been if the breach did not occur. One of the traditional areas where this type of remedy is available is in real estate transactions. First we must understand the elements of specific performance then we can evaluate how they relate to each scenario. Disobedience of this order may bring about contempt proceedings. Specific Performance. When the court awards specific performance, the person who is attempting to breach a contract is forbidden from doing so and the contract is enforced by the court, who makes sure both parties carry out the obligations described in the contract. Courts will not usually grant specific performance as a remedy in relation to a contract for personal services (such as employment contracts) because such an order would restrict an individual’s freedom. Specific performance An equitable remedy available for breach of contract. (car parking available), 51 High Street, Market Harborough However, even if the plaintiff has an available remedy at law, specific performance may be granted if the court determines that the remedy at law is not as “certain, prompt, complete and efficient” as the remedy in equity. An important advantage to this remedy is that, since it is an order of an equity court, it is supported by the enforcement power of that court. Mercer Law Review 53 (summer). By compelling the parties to perform exactly what they had agreed to perform, more complete and perfect justice is achieved than by awarding damages for a breach of contract. "Specific performance is an equitable remedy available when legal remedies (monetary damages) are inappropriate or inadequate. High Court Case Summaries on Contracts. The employer would seek to specifically enforce this negative covenant against the person who violates it. In my experience (particularly in the residential context), Buyers most often fail to close on a purchase due to a change in finances. California law states that specific performance may be compelled if: Specific performance would otherwise be an appropriate remedy; and The agreed performance by the plaintiff has been … Specific performance is referred to under the law as an equitable remedy. where there is a contract for the sale of land or shares in a private company the claimant might want the land or shares for their unique value and would regard damages as a poor substitute. Spa Place, 36-42 Humberstone Road specific performance under contract law Author: Robin Soni “Specific Performance” an order of the court, which is an alternative of monetary compensation awarded in case of breach of contract by any party i.e when one party fails to fulfil terms of the contract, another party can ask the court to direct the party for performing his contractual obligations instead of awarding damages. 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. The net result: the law and theory of specific performance oscillates between incompatible reforms and values. Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. 3 pages) Ask a question Glossary Specific performance. Define specific performance. Specific performance is a remedy for breach of contract which is most often used in transactions involving land and construction work. Specific performance is an equitable remedy that can be awarded for breach of contract, requiring the party to perform their obligations under the contract. An award of damages will not enable the plaintiff to acquire the same parcel of land anywhere else. In the name of contractual freedom, specific performance and its combination with other sanctions can also be appointed by mutual agreement of the parties.More broadly, the study of French and Vietnamese Law on specific performance, which is the very substance of this research, will not only be the ones to be considered. It requires a defendant to actually go through with a certain action he promised to do, instead of just paying money for not keeping his promise. A plaintiff seeking specific performance of a contract must have contracted in good faith. Where specific performance of material terms cannot be enforced: S. 14(b) states that a contract which runs into such minute or numerous details or which is so dependent on the personal qualifications or volition of the parties or otherwise from its nature is such, that the court cannot enforce specific performance of its material terms. Specific performance is deemed an extraordinary remedy, awarded at the court’s discretion. Damages in contract law are a legal remedy available for breach of contract. Specific performance is a unique remedy that may be available in some cases. When the court awards specific performance, the person who is attempting to breach a contract is forbidden from doing so and the contract is enforced by the court, who makes sure both parties carry out the obligations described in the contract. One of the traditional areas where this type of remedy is available is in real estate transactions. Why do I Need a Survey When Buying a House? These provisions, sometimes called covenants not to compete, are enforced only if they are reasonable in scope; otherwise monetary damages are awarded. Scam Alert. Basics of Specific Performance London Road It is a special remedy that is awarded by the court when no other remedy (such as damages) … In the High Court, it may be granted in addition to or instead of damages. specific performance synonyms, specific performance pronunciation, specific performance translation, English dictionary definition of specific performance. Where damages are inadequate, however, the court can order specific performance. 1.6. The remedy of specific performance presupposes the existence of a valid contract between the parties to the controversy. These enforcement powers are one of the principal reasons why plaintiffs seek specific performance of contracts. 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