When a contract case comes before a state court, specific performance will be weighed as an option against other outcomes. However, specific performance is only awarded in exceptional cases, typically where damages are an inadequate remedy should the contractual obligation not be performed. Arbitration also may not be enough to enforce, as one party has already shown an unwillingness to fulfill its contractual obligations. What is Specific Performance? The making of a specifically enforceable type of contract, sufficiently certain in its terms and with legally competent parties; Adequate mutual consideration; Just and … No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. General measurers used to measure employee performance include the following: 1. An order can be made directing the person to carry out the assigned task. denied).” Kleberg County v. Specific performance; Specific performance Primary tabs. Plaintiff and Defendant are parties to a contract; Plaintiff performed its obligation under the contract or is ready, willing and able to perform; Defendant refused to perform its obligation under the contract; and. These remedies include filing a lawsuit to collect damages or seeking a court order requiring the infringing party to live up to their obligations. Are there any Defenses to Specific Performance? In the High Court, it may be granted in addition to or instead of damages. Select measures that add value and more fully clarify the level of performance that is desired. Some evidence that will help your case: Specific performance elements will be denied by the court if any of these is not met. The term specific performance refers to literal performance of ones obligations under a contract. The court can issue an order compelling a party to comply with their contractual obligations – a good example being to complete building works on time. Real estate contracts; specific performance and earnest money liquidated damages. Specific performance is referred to under the law as an equitable remedy. CREATING MEASURABLE Specific performance is a specialized remedy used by courts when no other remedy (such as money) will adequately compensate the other party. Even for real estate development, money is still considered adequate compensation in a majority of cases. Plaintiff requests specific performance when defendant allegedly breaches contract by either refusing or … Land and homes are each unique, therefore, real estate is often at the center of specific performance elements cases. Specific performance. These contract cases often involve a unique object or piece of property that has value to the party other than monetary. For example, specific performance is more likely to be available in contracts involving the delivery of … Specific performance; Specific performance Primary tabs. an order requiring the land to be sold to the buyer in accordance with the breached contract. See Restatement (Second) of Contracts § 357, cmt. The threat of specific performance is often an effective tool for buyers when a seller gets cold feet and threatens to cancel a real estate contract. Thus a court will order the party in question to do what they have agreed to within the contract. Specific performance is an action to compel a party who breached a contract to perform the contract as promised. But none of the decisions that address [*8]specific performance of a contract for the purchase and sale of a cooperative apartment makes mention of UCC 2-716, "Buyer's Right to Specific Performance or Replevin." Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. They are: existence of a valid, binding and enforceable contract Other reasons specific performance may not be awarded include: Because monetary compensation is preferred by the courts, proving a case requires specific performance elements may be more difficult. If a specific measure for an element is numeric, for example, you would list the units to be tracked and determine the range of numbers (or the single number in a program that appraises elements at two levels) that represents Fully Successful performance. Except as otherwise provided in this Article, the specific performance of an obligation may be compelled. Physical tasks such as a massage or common home renovations are rarely ordered as it would be too difficult for the court to oversee and can be easily compensated through money damages. In this case, the object is unique and money, or even a different Tiffany lamp, would not be a sufficient substitute. If the seller refuses to keep his part of the contract, including relinquishing the real estate, specific performance elements will likely be ordered. Specific performance elements are court ordered performances of contractual obligations. The purpose for having standards is to be as specific … A decree by the court to compel a party to perform its contractual obligations. Elements Of A Specific Performance Cause Of Action. denied).” Kleberg County v. All rights reserved. Elements for the Remedy of Specific Performance In Nevada, the remedy of specific performance is available where: Valid contract with reasonably definite and certain terms exists; The standards should be written in terms of specific measurers that will be used to appraise performance. The following is a list of things you need to show the court in order to be successful in a specific performance order. The subject matter of the contract must be unique, or an action for damages would be the proper remedy. Specific performance is considered an equitable remedy and is governed by equitable principles. After the seller cancelled the contract to pursue a higher offer, the buyer sued for breach of contract and sought specific performance, i.e. Property Law, Products Specific performance. Quality address how well the work is performed and/or how accur… As a contributor to LegalMatch’s Law Library, Lauren wrote extensively on criminal law issues, as well as articles on immigration, tax law, and real estate. Specific Performance asks the court to force the opposing party into a contract that binds them to actually perform the contract at issue, rather than award damages for breach of contract. Copyright 1999-2020 LegalMatch. Damages for the breach of a contract for the sale of ordinary personal property are, in most c… An injunction is a remedy that prohibits a party from a particular act. Actions for specific performance are usually allowed with regard to a contract involving the sale of particular real estate; and a contract for sale of a particular business. A contractual remedy in which the court orders a party to actually perform its promise as closely as possible, because monetary damages are somehow inadequate to fix the harm. 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