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Contracts • Remedies for Unexcused Non-Performance
K#149
Legal Definition
Specific performance is an equitable remedy under contract law, whereby a court issues an order requiring a party to perform a specific act, such to complete performance of the contract. Note that land is always unique, so specific performance is likely always available in contracts involving the sale of real estate.
Plain English Explanation
Specific Performance is when you ask a court to force a party to perform what they agreed to do under a contract. It's super common when dealing with real estate contracts, or anything where the thing you're trying to buy is super unique. Why? Because if the item isn't unique, then it may be easier for the court to simply award you money damages so you can go buy it elsewhere. Another thing to note is that specific performance isn't applicable for service contracts. Why? Because slavery and forced labor are unconstitutional, so you can't ask a court to force someone to perform a service against their will.
Another way to think of specific performance is that it is like asking the court to intervene in order to help a contract move forward. It's like when you're a kid and you make a line of dominoes, then tip them over only to have a few dominoes refuse to tip. It's that feeling of betrayal, like you were so close to having everything go perfect, but it won't move by itself. Asking the court for specific performance is like asking them to tip over the dominoes and get things moving again.
Note that specific performance is commonly tested on exams, so get familiar with it.
Another way to think of specific performance is that it is like asking the court to intervene in order to help a contract move forward. It's like when you're a kid and you make a line of dominoes, then tip them over only to have a few dominoes refuse to tip. It's that feeling of betrayal, like you were so close to having everything go perfect, but it won't move by itself. Asking the court for specific performance is like asking them to tip over the dominoes and get things moving again.
Note that specific performance is commonly tested on exams, so get familiar with it.
Hypothetical
Hypo 1: Bob wants to buy a plot of land from Sam. Bob offers Sam $50,000 and Sam accepts. They sign a contract. Suddenly, Sam gets cold feet and decides he no longer wants to sell the property, but Bob still wants it. Result: Bob can sue Sam for breaching their contract. The remedy he can pursue is specific performance, which means he will ask the court to force Sam to sell his property for $50,000.
Visual Aids
Related Concepts
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