Article 2 — Sales · Section 2-716
This section outlines the buyer's right to specific performance in sales contracts under the Uniform Commercial Code.
Source: U.C.C. § 2-716
If the goods are unique or in other proper circumstances, a court may order specific performance to the buyer's benefit.
UCC § 2-716 allows buyers to seek a court order for specific performance when the goods they were supposed to receive under a contract are unique or otherwise special. This means that instead of just getting money for damages, a buyer can request the actual item promised in the contract.
A legal remedy in which a court orders a party to fulfill their contractual obligations, rather than awarding monetary damages.
Goods that are deemed to have special qualities or characteristics that make them irreplaceable or distinct from other items.
Example 1
A buyer orders a rare artwork from a gallery, but the seller refuses to deliver. The buyer can sue for specific performance to obtain the artwork instead of just seeking monetary damages.
Example 2
A customer orders a custom-built piece of machinery that is tailored to their needs, and the supplier fails to deliver. The customer may seek specific performance to receive the custom machinery.