SPECIFIC PERFORMANCE

Specific Performance is a remedy where, under special circumstances, a court will order a party to a contract to render the performance promised under the contract. There are stringent limitations placed on its availability.

Specific performance can best be understood by looking at the instances where it will be denied by the courts. Under the following circumstances specific performance may be denied when:

1) a party can be compensated adequately for the breach by an award of money;

2) the contract is so ambiguous and uncertain in its terms that a court cannot determine with reasonable precision the act required to be performed (even though the contract may be certain enough for an award of damages);

3) the granting of such relief would work an undue hardship or would not be just and reasonable to the party in default;

4) the agreement is illegal;

5) the agreement was the result of fraud, unfair practices, or mistake;

6) the party seeking specific performance is himself in default in the performance of a material term of the contract;

7) the performance required by the contract calls for many acts taking place over a period of time, or requires cooperation of the parties or some other complicated performance, such that supervision by the court would be impractical or impossible;

8) the contract requires a specific party to perform personal services;

9) it requires the defendant to employ another in personal service;

10) the decree would require the defendant to perform an act which he cannot do legally when required to do so;

11) the contract requires the defendant to procure the act or consent of his spouse or of any other third person;

12) the defendant seller of property cannot transfer a title which is free from reasonable doubt; or

13) the terms of the contract are "unconscionable." 9 California Real Estate 2d 260, et seq. (Miller & Starr, 1990)

CAVEAT: Please consult an attorney for legal advice. Laws in the United States differ from one jurisdiction to another. Any law stated herein is for educational purposes only and may not apply to your particular circumstance.

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This document was last revised on February 28, 2005.

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