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Remedies • Contract - Equitable Remedies
REM#053
Legal Definition
A plaintiff must show that their conditions have been fulfilled, meaning that they already performed them, are ready and able to perform, or are excused from performing.
Plain English Explanation
Specific performance is a pretty drastic action for a court. After all, it requires a court to essentially force one party to do something that they—for whatever reason—do not want to do. As a result, courts will not impose it unless the plaintiff can show they have satisfied their side of the bargain and are waiting for the defendant to do what they said they would do (but are refusing to do so).
Hypothetical
Hypo 1: Bob promises to sell his car to Sam if Sam pays him $10,000. Sam pays the money, but Bob refuses to give the car. Result: Sam can ask the court to make Bob give him the car because Sam has fulfilled his condition by paying the money.
Hypo 2: Bob agrees to build a fence for Sam if Sam clears the area. Sam doesn't clear the area but still wants Bob to build the fence. Result: Sam cannot ask the court to make Bob build the fence because Sam hasn't fulfilled his condition by clearing the area.
Hypo 2: Bob agrees to build a fence for Sam if Sam clears the area. Sam doesn't clear the area but still wants Bob to build the fence. Result: Sam cannot ask the court to make Bob build the fence because Sam hasn't fulfilled his condition by clearing the area.
Visual Aids
Related Concepts
How does election of remedies affect a claim for rescission?
If a contract has a liquidated damages clause, is specific performance still an option?
What are common defenses to specific performance?
What are defenses to rescission?
What are equitable remedies in contract?
What are the defenses to formation?
What happens if a plaintiff is entitled to rescission but has already performed?
What is reformation?
What is rescission?
What is specific performance and when it is applicable?
What is the part performance exception to the Statute of Frauds?
What type of mutual mistake is sufficient for rescission?
When applying specific performance to a land purchase contract, what happens if a buyer breaches a "time is of the essence" clause with a forfeiture clause?
When applying specific performance to a land purchase contract, what happens if the quantity of land is in dispute?
When assessing reformation, what constitutes sufficient grounds?
When assessing specific performance, how do courts weigh feasibility of enforcement?
When assessing specific performance to acquire a unique piece of property, when is uniqueness tested?
When assessing specific performance, why are money damages sometimes an inadequate legal remedy?
When assessing whether money damages are inadequate for specific performance, why does it matter whether a piece of property is unique and what kind of property is always unique?
When is personal property considered unique enough to trigger specific performance?
Will courts grant rescission for a unilateral mistake?
