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Contracts • Remedies for Unexcused Non-Performance
K#150
Legal Definition
Specific performance is unavailable if there is an adequate remedy at law, or if any of the following defenses exist: (1) unclean hands, (2) laches, or (3) sale to a bona fide purchaser.
There is no specific performance for the sale of goods, unless the goods are unique (e.g., antiques, art, custom-made goods, etc.). Further, there is no specific performance for services, though there may be injunctive relief to prevent someone from working for a competitor.
There is no specific performance for the sale of goods, unless the goods are unique (e.g., antiques, art, custom-made goods, etc.). Further, there is no specific performance for services, though there may be injunctive relief to prevent someone from working for a competitor.
Plain English Explanation
Specific performance isn't available in the following circumstances:
(1) When it's easier just to give cash damages instead;
(2) When the party asking for specific performance has "unclean hands," which is a fancy way of saying, "they've also done something illegal, or wrong, or sneaky, or shady;"
(3) When a defense claim of "laches" is present, which means "the plaintiff purposefully and strategically waited to bring a suit in order to increase the cost or difficulty of the defendant to defend against the claim;"
(4) When the item in question that is sought to be obtained via specific performance has already been sold to a bona fide purchaser, which is a purchaser that had no reason to know of the dispute around the item and the law views it to be unfair to now deprive them of what they bought.
(1) When it's easier just to give cash damages instead;
(2) When the party asking for specific performance has "unclean hands," which is a fancy way of saying, "they've also done something illegal, or wrong, or sneaky, or shady;"
(3) When a defense claim of "laches" is present, which means "the plaintiff purposefully and strategically waited to bring a suit in order to increase the cost or difficulty of the defendant to defend against the claim;"
(4) When the item in question that is sought to be obtained via specific performance has already been sold to a bona fide purchaser, which is a purchaser that had no reason to know of the dispute around the item and the law views it to be unfair to now deprive them of what they bought.
Visual Aids
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