Exceptional Circumstances
| Contract law |
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| Part of the common law series |
| Contract formation |
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| Defenses against formation |
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| Contract interpretation |
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| Excuses for non-performance |
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| Rights of third parties |
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| Breach of contract |
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| Remedies |
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| Quasi-contractual obligations |
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| Implied In Fact Contracts |
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| Related areas of law |
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| Other common law areas |
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There are certain circumstances where an order of specific performance would not be granted. Such circumstances include:
- Specific performance would cause severe hardship to the defendant
- The contract was unconscionable
- The claimant has misbehaved (unclean hands)
- Specific performance is impossible
- Performance consists of a personal service
- The contract is too vague to be enforced
- The contract was terminable at will (meaning either party can renege without notice)
- The contract required constant supervision
- Mutuality was lacking in the initial agreement of the contract
- The contract was made for no consideration.
Additionally, in England and Wales, under s. 50 of the Senior Courts Act 1981, the High Court has a discretion to award a claimant damages in lieu of specific performance (or an injunction). Such damages will normally be assessed on the same basis as damages for breach of contract, namely to place the claimant in the position he would have been had the contract been carried out.
Read more about this topic: Specific Performance
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