Cambridge Encyclopedia :: Cambridge Encyclopedia Vol. 71

specific performance

In law, a court order directed to a person in breach of a contractual obligation, ordering that he or she carry out the contract as agreed; known as a specific implement in Scottish law. The court may refuse to grant the order, where damages are an adequate remedy or the order could not be enforced. Specific performance may however be a suitable remedy for a breach of contract to sell (or buy) land, and in the US is considered a remedy in equity, not law.

Contract Law
Part of the common law series
Contract theory
Contract formation
Offer and acceptance  · Mailbox rule
Mirror image rule  · Invitation to treat
Consideration
Defenses against formation
Lack of capacity to contract
Duress  · Undue influence
Illusory promise  · Statute of frauds
Non est factum
Contract interpretation
Parol evidence rule
Contract of adhesion
Integration clause
Contra proferentem
Excuses for non-performance
Mistake  · Misrepresentation
Frustration of purpose  · Impossibility
Unclean hands  · Unconscionability
Illegality  · Accord and satisfaction
Rights of third parties
Privity of contract
Assignment  · Delegation
Novation  · Third party beneficiary
Breach of contract
Anticipatory repudiation  · Cover
Exclusion clause
Fundamental breach
Remedies
Specific performance
Liquidated damages
Penal damages  · Rescission
Quasi-contractual obligations
Promissory estoppel
Quantum meruit
Subsets: Conflict of law
Commercial law
Other areas of the common law
Tort law  · Property law
Wills and trusts
Criminal law  · Evidence

In the law of remedies, an order of specific performance is an order of the court which requires a party to perform a specific act. Such circumstances include:

specific performance would cause severe hardship to the defendant the contract was unconscionable the claimant has misbehaved (no clean hands) specific performance is impossible performance consists of a personal service the contract is too vague

Additionally, in England and Wales, under s.

speckle pattern - Speckle technique [next] [back] species - Definitions of species, Implications of assignment of species status, The isolation species concept in more detail

User Comments Add a comment…