Contracts
Specific Performance
Definition
Specific performance is an equitable remedy in which a court orders the breaching party to perform their contractual obligations rather than pay money damages. It is typically available only when the subject matter of the contract is unique, such as real property or rare goods, and when money damages would be inadequate. Courts will not order specific performance for personal service contracts because of concerns about involuntary servitude.
Example
A buyer contracts to purchase a one-of-a-kind painting. If the seller refuses to deliver, a court may order specific performance because no substitute exists.