Specific Performance (Remedies)
What does "Specific Performance (Remedies)" mean in law?
Specific performance is an equitable remedy that compels the breaching party to perform their obligations under the contract as originally promised. It is available only when monetary damages would be inadequate to compensate the injured party, most commonly in transactions involving unique goods (such as real property, rare artwork, or closely held stock) where no substitute performance exists on the open market. The party seeking specific performance must demonstrate clean hands, meaning they must not have acted inequitably, and the contract terms must be sufficiently definite for a court to enforce. Courts retain discretion to deny specific performance when enforcement would impose undue hardship on the breaching party or when supervision of performance would be impractical.
Definition
Specific performance is an equitable remedy that compels the breaching party to perform their obligations under the contract as originally promised. It is available only when monetary damages would be inadequate to compensate the injured party, most commonly in transactions involving unique goods (such as real property, rare artwork, or closely held stock) where no substitute performance exists on the open market. The party seeking specific performance must demonstrate clean hands, meaning they must not have acted inequitably, and the contract terms must be sufficiently definite for a court to enforce. Courts retain discretion to deny specific performance when enforcement would impose undue hardship on the breaching party or when supervision of performance would be impractical.
Example
When a seller refused to convey a historic Victorian home despite a valid purchase agreement, the court ordered specific performance because the property was unique and no monetary award could provide a true substitute.