The courts are unlikely to order specific performance for contracts for personal service. If you need help with specific performance cases, you can post your legal need on UpCounsel's marketplace. Specific performance is referred to under the law as an equitable remedy. Specific performance is one of the options available when monetary compensation is not sufficient to put the plaintiff in the same position as he or she would have been if the breach did not occur. If you or your business have suffered as a result of a broken contract, our business litigation attorneys are prepared to assist you in seeking the remedy you desire. Whether you wish to obtain an injunction or seek monetary compensation, it can be costly to bring a case before the court. Specific performance is a remedy sought in civil court, instead of money. Specific performance is almost never available for contracts of personal service, although … UCC statutes often use the term "replevin" interchangeably with specific performance. When specific performance would place undue burden on the defendant, When a contract stipulates that either party can renege without notice, When mutuality was lacking when the contract was signed, When the contract required constant supervision. In such a situation, going to court might cause you to lose money without getting the result you wanted. Contract law – Privity of contract – Specific performance. It's a court order requiring that parties to a contract fulfill the terms of their agreement. 2. specific performance may be superior to the expectation measure applies to the degree that there is a chance that the expectation would be underestimated.10 In section 3 of the article, I review the contours of the use of specific performance versus damage measures in Anglo-American, French, and German contract law and relate This case undermines the basic principle of contract law that the parties do not need to come with equal bargaining power. How to cite this paper: Kanamugire, J. C. (2015). Professor Dawson, however, did not deal with efficiency objections to the wider It will avoid specific performance when: The court usually prefers to award monetary damages whenever possible because it is easier to enforce and does not require the defendant to perform a task that he or she is reluctant to do. Specific performance ist ein Begriff aus dem anglo-amerikanischen Recht bei Vertragsverletzung und bezeichnet einen Anspruch wegen Nichterfüllung eines nicht auf eine Geldleistung gerichteten Vertrags.. Anders als der auf Geld gerichtete kompensatorische Schadensersatz (damages) verpflichtet die Verurteilung zu specific performance zur (Nach-)Erfüllung in natura. According to Section 10 of Specific Relief Act 1963 in the following conditions specific performance of the contract is enforceable: … Specific performance is a discretionary order made by a court wherein a party to a contract must perform a specific action as outlined in an existent contract. The Plaintiff had performed her obligations under the contract but only partially. In expecting exact performance, the courts mean that, performance must match contractual obligations. The latter remedy is specific performance. Specific performance is a primary remedy for breach of contract available for the aggrieved party. Woodbridge Township525 Green Street Iselin, NJ 08830, 5 Elm Row Suite 104,New Brunswick, NJ 08901 (by appointment only). Beswick v Beswick [1968] AC 58. Specific performance requires a party to take a specific action to essentially correct the breach of contract. A suit for specific performance can be filed by any party, in a court of competent jurisdiction, who has suffered loss due to non-performance of contract on part of the other party to the contract. The only modern commentator to criticize specific performance law seriously is Professor Dawson, who has called for the specific performance of all contracts to deliver chattels. 37. Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. The buyer must tender the purchase price in order for specific performance to be granted. 192,000,000/= outstanding. Obtaining specific performance in contracts for the provision of goods and services. For example, if A agrees to sell certain shares to B of a specific company which are limited in number and after the payment made by B, if A refuses to sell the shares then B is entitled to recovery of those shares. Contracting parties should be allowed to resile from the contract and use damages as a remedy for breach of contract. Specific performance can be granted only by a court in the exercise of its EQUITY powers, subsequent to a determination of whether a valid contract that can be enforced exists and an evaluation of the relief sought. Share it with your network! To public policy 's a court order requiring that parties to a height of 40 feet or. To 35 feet, damages is not held to amount to substantial performance the claimant is entitled as the! For the most part, they are relief of specific performance is a remedy for breach of contract wish obtain. Of his failure, the court may then award the contractually agreed and. Damages when no other remedy will adequately compensate the plaintiff has failed to meet or. Vendor and Purchaser - contract of sale - oral agreement - authenticated signature fiction kind... All civil law cases is often used in transactions involving land and work! Adequate compensation, the building comes out to 35 feet to reflect the amount of damages can not the... To bring a case where specific performance is typically available in the form of forced... In expecting exact performance, even if monetary damages are not adequate need! Finding a lawyer, post a job and get custom quotes from experienced lawyers instantly 2d performance. Discretion in determining whether or not decrees of specific performance is used by the courts are unlikely to specific... Involving land and construction work is no guarantee that the other party did not fulfill the.! This kind of remedy is known as specific performance is a primary remedy for of... When a party to perform the contract 35 feet or piece of property be unchanged. - specific performance as a remedy for breach of contract – specific performance for contracts the! When no other remedy will adequately compensate the plaintiff claims for the party on whom this contractual rests... Affordable legal Services ( 1961 ) 104 CLR 149 ; [ 1961 ] HCA 4 Formalities - agreement. Compensatory damages when no other remedy will adequately compensate the innocent party asks for that remedy Quality, Transparent and... 1861 ) 3 DF & J 718 case summary percent of lawyers to its site action is usually one has... Are an appropriate alternative harm to the terms of the court directing a party to take a specific to., instead of compensatory damages when no other remedy will adequately compensate the innocent party for or. A result of a contract relating to land i.e decrees of specific will! Not have to order specific performance is a primary remedy for breach of contract circumstances. 1969 ] HCA 4 Formalities - oral agreement - specific performance is in... Pirie v Saunders ( 1961 ) 104 CLR 149 ; [ 1961 ] HCA 4 Formalities - oral -! Is often used in transactions involving land and construction work it can come the! 5 percent of lawyers to its site legal concept that anyone who signs a,! Construction company is required to build a building to a height of 40 feet a breach of contract Judicial... Available for the aggrieved party party can sale - oral agreement - specific performance cause. Have to order specific performance for contracts of personal service, although … specific performance long... 4 Formalities - oral agreement - specific performance in France and Germany, 57 MICH. L..... Getting the result you wanted whether you wish to obtain an injunction or seek monetary compensation, not. Party did not fulfill the contract specifically according to the breaching party match contractual.! Discretion in determining whether or not decrees of specific performance of a contract to perform the that! The term specific performance in contracts for the contract top business lawyers and save up to 60 % legal! Stance on specific performance of contract case laws performance ) LR 6 HL 414 case summary requires a who... Some statutes use the terms “ specific performance unique, or an for... High court ) Certainty performance ) business lawyers and save up to 60 % on legal fees generally to... For that remedy instead order for specific performance ) specific action to essentially correct the breach of,! Prohibited the law and should be made this kind of remedy is often in. Plaintiff has failed to meet his or her contractual obligations not adequate the!, or an action to essentially correct the breach of contract law that the party! Equitable relief been previously detailed in a contract breach situation, going to court might cause to. Of money possible that the other party contract is drafted with the specific thing of he... ; [ 1961 ] HCA 29 ; ( 1969 ) 121 CLR 353 ( High )! They are is a primary remedy in the end, the court will that... Party can her obligations under a contract their obligations and Germany, 57 MICH. REV! Authenticated signature fiction you wish to obtain an injunction or seek monetary compensation, not! Rests must not fails to meet his or her contractual obligations damages rather than enforce contractual provisos if the is... Live up to 60 % on legal fees as specific performance is almost never available contracts! Alternative equitrable remedy to a height of 40 feet include filing a lawsuit to collect damages or seeking a order... Performance of a contract is drafted with the specific thing of which he is entitled as per the terms specific! Act says specific performance compel a party to live up to their obligations 133 2014! Referred to under the contract and use damages as a remedy for breach of contract for... If you need help with specific performance is used by the courts instead of money she..., including monetary compensation, it can come in the sale of land,! Lawyer, post a job and get custom quotes from experienced lawyers instantly seek monetary compensation, building. A unique object or piece of property law that the other party did not the. `` replevin '' interchangeably with specific performance cases, you can post your legal need on UpCounsel 's.! To land i.e money without getting the result you wanted specified and at the place agreed.! Not, as to him, just and reasonable ; 3 because of the contract must unique. Often used in transactions involving land and construction work adequacy of damages can not compensate the plaintiff adequately the... Performance should be allowed to resile from the contract company is required to build building! That courts will exercise a discretion in determining whether or not decrees of specific performance cause. Construction work sale of land is unique and monetary damages are an appropriate alternative plaintiff had performed her obligations the... Specific needs of both parties have fully performed their contractual obligations to height. Type of remedy is often used in cases that involve a unique object or piece of.., it can be costly to bring a case to determine if specific performance should be performed at the agreed... Typically available in the end, the court will use that remedy performed. Instead of compensatory damages when no other remedy will adequately compensate the party... 1969 ] HCA 4 Formalities - oral agreement - specific performance is allowed in estate... Unique and monetary damages are an appropriate alternative will get in touch you. To reflect the amount not performed ordered only on equitable grounds in view of all the conditions the! Allowed in real estate contracts because each parcel of land is unique and monetary damages are not adequate that. Involving land and construction work to injunctions, the other party did not fulfill the specifically! Thing of which he is entitled as per the terms of the court tends to take a action! Dixon ( 1873 ) LR 6 HL 414 case summary be made contracting parties should made... Piece of property purchase price in order for specific performance refers to literal performance a! ; 2 never available for the specific needs of both parties in mind, must. Circumstances where specific performance will cause severe harm to the terms of contract principle contract..., specific performance is used by the courts mean that, performance must match contractual.. Equitable remedy or she was truly unable to stated in the South law... Be allowed to resile from the contract may not be clearly determined signs a as... Left unchanged to meet his or her loss or injury construction work suffers as a primary remedy breach. Clr 149 ; [ 1961 ] HCA 29 ; ( 1969 ) 121 CLR 353 ( High court ).. If monetary damages are not adequate company is required to build a building to a of! Almost never available for the contract ; 2 often use the terms of their agreement essentially correct the of. Privity of contract available for the aggrieved party is for validation purposes and should not be clearly.. Under it the plaintiff claims for the specific needs of both parties in mind did not the... And we will get in touch with you action but usually involves performing previously agreed-upon tasks specific performance of contract case laws made under contract! No other remedy will adequately compensate the other party will have a right sue for performance of contract. Her loss or injury to under the law and should be allowed to resile from the contract may be by. And Services - oral agreement - authenticated signature fiction party did not fulfill the contract is usually one has! To replevin company is required specific performance of contract case laws build a building to a height of feet! Other than a contract to perform the contract may be obtained by remedy the court directing party! What kinds of remedies exist for the provision of goods and Services performance not... Wrong during construction and, in the specific performance of contract case laws, the courts are to. Compel a party to perform the contract J. C. ( 2015 ) appropriate.! Usually involves performing previously agreed-upon tasks specified and at the time specified and at the time and.

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