WebSep 4, 2024 · Specific performance is used to put the aggrieved party into the place they would have been had the contract not been breached. It involves holding the party in breach to their original obligations under the contract, and mandating that they carry them out. This remedy is reserved for situations where traditional monetary damages would not ... WebTrue, breach of contract may give rise to a complaint for specific performance or rescission of contract. In which case, the subject matter is incapable of pecuniary …

Will a court force a party to perform its contractual …

WebIn real estate, specific performance is a remedy that can be ordered by a court when one party to a binding contract has violated the agreement. When ordering specific performance, the court insists that the party in breach of contract fulfill their obligations as specified in the agreement. This typically occurs when the property or asset that ... WebThe equitable remedy sought in an action for specific performance is a court order requiring the defendant to perform the action he or she promised to perform. For example - where a contract is for purchase of real estate, an action for specific performance asks the court to order the defendant to sell the property to the plaintiff on the terms ... schaefer technology

What is specific performance in breach of contract?

Webfavor the remedy of specific performance for breach of contracts to convey property.3 This conclusion will help us to understand the choices made between damages and specific performance under Anglo-American4 and under civil law systems5 and will suggest the desirability of certain changes in our legal doctrine. The conclusion and the WebApr 8, 2024 · There is a key advantage of a remedy in specific performance where a breach is pre-empted but has not yet occurred, and the innocent party wishes the existing contract to be performed rather … rush hospital harrison st