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 |
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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 vagueAdditionally, in England and Wales, under s.
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