Specific Performance

Definition

Specific performance is a legal remedy in contract law that compels a party to fulfill their obligations as agreed in the contract, rather than simply providing monetary damages. This remedy is typically applied when monetary compensation is inadequate to address the harm caused by a breach, especially in cases involving unique goods or properties. Its application intersects with various aspects of contract law, such as the conditions under which it can be sought, how breaches are classified, and the sources of law that govern contractual agreements.

5 Must Know Facts For Your Next Test

1. Specific performance is most commonly sought in cases involving real estate or unique items where monetary damages would not suffice to make the injured party whole.
2. Courts generally require that the contract must be valid, definite, and enforceable for specific performance to be granted.
3. Specific performance is an equitable remedy, meaning it is at the discretion of the court and may not be granted if it would cause undue hardship to the breaching party.
4. Parties seeking specific performance must also demonstrate they have fulfilled their own contractual obligations or are ready and willing to do so.
5. The availability of specific performance can vary based on jurisdiction and is influenced by principles set forth in statutes like the Uniform Commercial Code (UCC).

Review Questions

• How does specific performance differ from monetary damages in addressing breaches of contract?
  • Specific performance requires a party to fulfill their contractual obligations as originally agreed, while monetary damages provide financial compensation for losses incurred due to a breach. This distinction is crucial because specific performance is utilized when monetary damages are inadequate, particularly in transactions involving unique goods or properties. The court's decision to grant specific performance emphasizes the importance of the actual performance of the contract terms over mere financial compensation.
• Discuss how anticipatory repudiation can impact the ability to seek specific performance in a contract dispute.
  • Anticipatory repudiation occurs when one party indicates they will not perform their contractual duties before the performance is due. In such cases, the other party may choose to treat the contract as breached and seek remedies like specific performance or damages immediately. However, if they opt for specific performance despite knowing about the repudiation, they must show they were ready and willing to perform their own obligations. This situation complicates the assessment of whether specific performance is appropriate and can affect how courts view readiness and willingness.
• Evaluate the limitations and defenses against granting specific performance in contracts under the UCC.
  • Under the UCC, specific performance is typically limited to contracts for unique goods or when damages are deemed inadequate. Defenses against granting specific performance may include proving that the terms of the contract are too vague or ambiguous, indicating that the parties had not reached a meeting of the minds. Additionally, if fulfilling the contract would cause undue hardship to the breaching party or if there are significant public policy concerns involved, courts may deny specific performance. Analyzing these limitations helps understand how equitable remedies operate within commercial transactions.

Related terms

Injunction: A court order that requires a party to do or refrain from doing specific acts, often used in conjunction with specific performance to prevent ongoing breaches.

Breach of Contract:

The failure of one party to fulfill the terms of a contract, which may lead to the injured party seeking remedies such as specific performance.

Equitable Remedies: Legal remedies that are based on principles of fairness and justice, including specific performance and injunctions, rather than solely on monetary compensation.