Contracts & Disputes

Specific Performance

In plain English

A court order forcing someone to actually do what they promised in the contract, instead of just paying compensation.

What it means

Specific performance is an equitable remedy where a court orders a party to carry out their contractual obligations rather than pay damages. It is granted only where money would not be an adequate remedy — most commonly in contracts for the sale of land, which is treated as unique. Because it is discretionary, a court may refuse specific performance where damages would suffice, where supervision would be difficult, or where the party seeking it has behaved unfairly. It is rarely ordered for contracts of personal service.

How it's used

When the vendor tried to back out of selling a one-of-a-kind heritage cottage, the buyer sought specific performance to compel the sale.

Dealing with specific performance in real life?

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