Specific Performance

Specific performance is an order of a court which requires a party to perform a specific act, usually what is stated in a contract. It is an alternative to award/ for awarding damages, and is classed as an equitable remedy commonly used in the form of injunctive relief concerning confidential information or real property. While specific performance can be in the form of any type of forced action, it is usually used to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of a prohibitory injunction but there are mandatory injunctions which have a similar effect to specific performance.

Under the common law, specific performance was not a remedy, with the rights of a litigant being limited to the collection of damages. However, the court of equity developed the remedy of specific performance as damages often could not adequately compensate someone for the inability to own a particular piece of real property, land being regarded as unique. Specific performance is often guaranteed through the remedy of a right of possession, giving the plaintiff the right to take possession of the property in dispute. However, in the case of personal performance contracts, it may also be ensured through the threat of proceedings for contempt of court.

Orders of specific performance are granted when damages are not an adequate remedy, and in some specific cases such as land sale. Such orders are discretionary, as with all equitable remedies, so the availability of this remedy will depend on whether it is appropriate in the circumstances of the case.

Read more about Specific Performance:  Exceptional Circumstances, Examples

Famous quotes containing the words specific and/or performance:

    I recognize in [my readers] a specific form and individual property, which our predecessors called Pantagruelism, by means of which they never take anything the wrong way that they know to stem from good, honest and loyal hearts.
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    The way to go to the circus, however, is with someone who has seen perhaps one theatrical performance before in his life and that in the High School hall.... The scales of sophistication are struck from your eyes and you see in the circus a gathering of men and women who are able to do things as a matter of course which you couldn’t do if your life depended on it.
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