Topic
Specific performance is an equitable remedy that compels a party to perform their contractual obligations as agreed. This remedy is typically granted when damages are inadequate to compensate the injured party, particularly in cases involving unique or irreplaceable items, such as real estate or rare goods. Specific performance ensures that the non-breaching party receives the exact performance promised under the contract.
Specific performance is not automatically available; it is a discretionary remedy granted under certain conditions:
There are several limitations and defenses to the granting of specific performance:
In this case, the court granted specific performance for the supply of petrol, as the contract involved a unique supply at a time of shortage, and damages were deemed inadequate to compensate for the breach.
The court ordered specific performance for a lease agreement, emphasizing that real property is considered unique, making damages an inadequate remedy. The defendant was compelled to honor the lease.
An art dealer agrees to sell a rare painting to a buyer but then refuses to deliver it. The buyer seeks specific performance to obtain the unique piece, as monetary damages cannot adequately compensate for the loss of a rare work of art.
A buyer and seller enter into a contract for the sale of a historic property. The seller later tries to back out of the deal. The buyer seeks specific performance to compel the seller to transfer the property, as it is considered unique and irreplaceable.
Specific performance is a powerful remedy in contract law, particularly when the subject matter of the contract is unique or irreplaceable. While not automatically granted, this equitable remedy ensures that the injured party receives the exact performance promised, especially when damages would be inadequate. Courts exercise discretion in awarding specific performance, considering fairness, feasibility, and the clarity of the contract's terms.